47 Cited authorities

  1. Consolidated Edison Co. of N.Y. v. Allstate Ins. Co.

    98 N.Y.2d 208 (N.Y. 2002)   Cited 436 times   21 Legal Analyses
    Holding that indemnity should be allocated pro rata
  2. Bi-Economy v. Harleysville

    2008 N.Y. Slip Op. 1418 (N.Y. 2008)   Cited 336 times   14 Legal Analyses
    Holding that the plaintiff may seek consequential damages for its breach of contract claim
  3. Keene Corp. v. Ins. Co. of North America

    667 F.2d 1034 (D.C. Cir. 1981)   Cited 339 times   6 Legal Analyses
    Holding that insurance coverage in the context of asbestos-related diseases is triggered by exposure, exposure in residence, and manifestation
  4. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 222 times   1 Legal Analyses
    Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct
  5. Stonewall Ins. Co. v. Asbestos Claims Mgmt

    73 F.3d 1178 (2d Cir. 1995)   Cited 212 times   1 Legal Analyses
    Holding that New York law did not bar coverage of damages even though the insured knew, before the inception date of its policies, "that its products risked asbestosis and cancer diseases and had received a large number of claims"
  6. Cragg v. Allstate Indemnity Corporation

    2011 N.Y. Slip Op. 4767 (N.Y. 2011)   Cited 122 times

    No. 118. Argued May 4, 2011. decided June 9, 2011. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 7, 2010. The Appellate Division affirmed a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), which had granted defendant Allstate Indemnity Corporation's motion for summary judgment declaring that it had no obligation to defend or indemnify defendant insureds

  7. Chem. Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

    177 F.3d 210 (3d Cir. 1999)   Cited 169 times
    Holding that 28 U.S.C. § 2202 "permits the original [declaratory] judgment to be supplemented either by damages or by equitable relief . . ."
  8. Owens-Illinois, Inc. v. United Ins. Co.

    138 N.J. 437 (N.J. 1994)   Cited 188 times   11 Legal Analyses
    Holding "that claims of asbestos-related property damage from installation through discovery or remediation (the injurious process) trigger the policies on the risk throughout that period"
  9. Pioneer Tower v. State Farm Fire

    2009 N.Y. Slip Op. 3409 (N.Y. 2009)   Cited 121 times   1 Legal Analyses
    Concluding that "both plaintiff's and defendant's readings of the clauses are reasonable" and therefore interpreting an earth movement exclusion narrowly
  10. In re Viking Pump, Inc.

    148 A.3d 633 (Del. 2016)   Cited 91 times
    Finding that "personal injury ... covered under this policy ... but not covered under any underlying policy" includes not covered because of exhaustion
  11. Section 1-0101 - Declaration of policy

    N.Y. Envtl. Conserv. Law § 1-0101   Cited 8 times

    1. The quality of our environment is fundamental to our concern for the quality of life. It is hereby declared to be the policy of the State of New York to conserve, improve and protect its natural resources and environment and to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well being. 2. It shall further be the policy of the state to improve and coordinate the environmental

  12. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation

  13. Section 375-1.6 - Work plans and reports

    N.Y. Comp. Codes R. & Regs. tit. 6 § 375-1.6

    (a) Work plans. All work undertaken as part of a remedial program for a site shall be detailed in a work plan, unless determined otherwise by the department. (1) All work plans shall: (i) be prepared and implemented in accordance with the requirements of all applicable laws, rules and regulations; and (ii) consider applicable department guidance. (2) A proposed work plan shall be submitted for department review and approval, as set forth in subdivision (d) of this section, and shall include, at a

  14. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review