§Why CasetextPricing

Millennium Holdings LLC, Plaintiff, The Northern Assurance Company of America, Appellant, Certain Underwriters at Lloyd's, et al., Intervenors-Appellants,v.The Glidden Company,, et al., Respondents.

Brief

16 Cited authorities

  1. Continental Cas. v. Rapid-Am

    80 N.Y.2d 640 (N.Y. 1993)   Cited 601 times   1 Legal Analyses
    Holding that these terms are to be construed narrowly as barring coverage "only when the insured intended the damages"

  2. 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

  3. Technicon v. American Home

    74 N.Y.2d 66 (N.Y. 1989)   Cited 294 times   4 Legal Analyses
    Holding that "discharges that are either nonsudden or nonaccidental block the exception from nullifying the pollution exclusion"

  4. North Star Reins. v. Continental

    82 N.Y.2d 281 (N.Y. 1993)   Cited 253 times   2 Legal Analyses
    In North Star Reinsurance Corp. v. Continental Insurance Co., 604 N.Y.S.2d 510, 516 (N.Y. 1993), the court mentioned in dicta the general rule that "a common law indemnification claim arises when the party seeking indemnity... has suffered an out-of-pocket loss," but it did not even reach the applicability of the well-recognized exception stated in Harris, supra. Piccirillo v. Beltrone-Turner, 727 N.Y.S.2d 721, 724 (App.Div. 2001) did not involve a third-party claim, but rather a cross-claim of indemnity between two defendants.

  5. Glidden Co. v. Lumbermens Mut

    2006 Ohio 6553 (Ohio 2006)   Cited 156 times
    Holding that "[a]n actual conflict between Ohio law and the law of another jurisdiction must exist before a choice-of-law analysis is undertaken"

  6. Northville Indus v. Natl Ins. Co.

    89 N.Y.2d 621 (N.Y. 1997)   Cited 158 times   1 Legal Analyses
    Finding that “leakages” that “occurred continuously over a period of many years” were not “sudden and accidental”

  7. Columbia v. Continental Ins. Co.

    83 N.Y.2d 618 (N.Y. 1994)   Cited 171 times   2 Legal Analyses
    Holding "it is settled that in construing an endorsement to an insurance policy, the endorsement and the policy must be read together, and the words of the policy remain in full force and effect except as altered by the words of the endorsement"

  8. New York v. AMRO Realty Corp.

    936 F.2d 1420 (2d Cir. 1991)   Cited 160 times
    Holding that allegations of a complaint fell within the terms of a pollution exclusion clause where the complaint alleged that "during some thirty years, [the defendant in the underlying action] `disposed' of its hazardous manufacturing waste by methods which the defendants `knew or should have known . . . resulted in their release into the environment,'" and specified that "the wastes were disposed of . . . in several places on the site, including: the parking lot, sinks which discharged into septic systems on the site, and drains which discharged through sewage pipe into a drainage ditch . . ."

  9. Elrac, Inc. v. Ward

    96 N.Y.2d 58 (N.Y. 2001)   Cited 115 times
    Holding that anti-subrogation principles apply to both self-insurers and insurance companies

  10. Keyspan Gas E. Corp. v. Munich Reinsurance Am., Inc.

    2014 N.Y. Slip Op. 4113 (N.Y. 2014)   Cited 57 times   8 Legal Analyses
    Explaining that "insurer will not be barred from disclaiming coverage simply as a result of the passage of time, . . . [rather,] its delay in giving notice of disclaimer should be considered under common-law waiver and/or estoppel principles"