Serio v. Public Service Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
S. Miller, J.
On this appeal we address a matter of great importance concerning the apportionment of liability between successive insurers for losses caused by a child’s exposure to lead paint. Where the exposure occurred over a period of three years, and where the two insurers covered that loss, respectively, during consecutive periods of two and one years, we hold that each insurer shall bear a share of liability for the purpose of funding their negotiated settlement with the injured parties, directly proportionate to each insurer’s time on the risk.
I
The genesis of this…
2Cases cited12 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
- Owens-Illinois, Inc. v. United InsuranceSupreme Court of New Jersey · 1994
- Mayor and City Council of Baltimore v. Utica Mutual Ins. Co.Court of Special Appeals of Maryland · 2002
- Stonewall Insurance v. Asbestos Claims Management Corp.Court of Appeals for the Second Circuit · 1996
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Roman Catholic Diocese of Brooklyn v. National Union Fire InsuranceNew York Court of Appeals · 2013
- State of New York Insurance Department v. Generali InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- National Union Fire Insurance v. Farmington Casualty Co.New York Supreme Court · 2003
- Roman Catholic Diocese v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.