Legal Opinion

Hiraldo v. Allstate Insurance

New York Court of Appeals

Decided October 25, 2005PublishedCited by 18 opinions

1Opinion of the Court

OPINION OP THE COURT

R.S. Smith, J.

Allstate Insurance Company issued a $300,000 liability policy for a term of one year. Upon its expiration, the policy was renewed for another year, and then again for a third. Plaintiff Christopher Hiraldo was allegedly exposed to lead paint continuously during the terms of all three policies. The question is whether, if that allegation is true, the available insurance coverage is $300,000 or $900,000.

The clear language of the policies answers the question: the exposure caused only a single loss, and Allstate’s liability is limited to $300,000, even though…

2Cases cited3 opinions

  1. In re the Liquidation of Midland InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
  2. Greenidge v. Allstate InsuranceDistrict Court, S.D. New York · 2004
  3. National Union Fire Insurance v. Farmington Casualty Co.New York Supreme Court · 2003

3Cited by18 opinions

  1. Gail Greenidge and Geary Greenidge v. Allstate Insurance Company, Docktet No. 04-1515 CvCourt of Appeals for the Second Circuit · 2006
  2. The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016
  3. United Services Automobile Association v. RileyCourt of Appeals of Maryland · 2006
  4. Olin Corp. v. OneBeacon America Insurance Co.Court of Appeals for the Second Circuit · 2017
  5. Viking Pump, Inc. v. Century Indemnity Co.Court of Chancery of Delaware · 2009

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