Certain Underwriters at Lloyd's v. Foster Wheeler Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.E
The question presented is whether New York law or New Jersey law governs a large number of excess liability insurance *19policies, under which the insured seeks coverage for a portion of the costs of defending and paying asbestos-related personal injury claims that have been asserted against it since the 1970s. For the reasons discussed below, we conclude that New Jersey law applies.
This declaratory judgment action seeks an apportionment of responsibility for the defense and indemnity costs of hundreds of thousands of asbestos-related personal injury claims (the…
2Cases cited19 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
- Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
- Zurich Insurance v. Shearson Lehman Hutton, Inc.New York Court of Appeals · 1994
- Owens-Illinois, Inc. v. United InsuranceSupreme Court of New Jersey · 1994
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3Cited by53 opinions
- Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
- Fireman's Fund Insurance v. Great American InsuranceDistrict Court, S.D. New York · 2014
- In Re the Liquidation of Midland InsuranceNew York Court of Appeals · 2011
- U.S. Underwriters Ins. Co. v. Image By J&K, LLCDistrict Court, E.D. New York · 2018
- Feldman Law Group P.C. v. Liberty Mutual InsuranceDistrict Court, S.D. New York · 2011
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