County of Broome v. Travelers Indemnity Co.

This is a very close case, both on the merits and in its litigation history. The Appellate Division’s order of reversal was accompanied by an unsigned memorandum to which one Judge filed a partial dissent and a second a full dissent. In our own divided court, the two dissenters support their views in a carefully molded opinion which critically analyzes the reasoning and authorities on which the majority at the Appellate Division acted. In this circumstance, instead of joining in the majority’s summary adoption of the memorandum below, I prefer to articulate the reasons for my vote.

At issue in…