Legal Opinion · Dissent
Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n, Inc.
Court of Appeals for the Second Circuit
Decided October 5, 1998No. Docket Nos. 97-5045, 97-5053Published
1DissentLay, Circuit Judge
I
The majority holds that “each claim arose from a separate occurrence, and a single deductible is applicable to each claim.” I must respectfully disagree. Such a construction is not supported by the law of New York. The consequence of the majority’s conclusion, based upon the idea that the exposure of the claimants is an “occurrence,” is that each subsequent exposure would also count as a separate occurrence. The majority recognizes this possible consequence of its logic, but avoids it by simply stating that American Steamship Owners Mutual Protection and Indemnity Association (“American…
2Cases cited17 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Arthur A. Johnson Corp. v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1959
- Newmont Mines Limited and Esso Resources Canada Limited v. Hanover Insurance Company & Utica Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1986
- Uniroyal, Inc. v. Home InsuranceDistrict Court, E.D. New York · 1988
- Stonewall Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Asbestos Claims Management Corporation, Defendant-Appellee-Cross-Appellant, Liberty Mutual Insurance Company, Underwriters at Lloyds, Continental Casualty Company, American Motorists Insurance Company, Affiliated Fm Insurance Company, Republic Insurance Company, First State Insurance Company, United States Fire Insurance Company, Houston General Insurance Company, Twin City Fire Insurance Company, Old Republic Insurance Company, American Centennial Insurance Company, the Constitution State Insurance Company, Employers Insurance of Wausau, and Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees, and the Travelers Insurance Company, Asbestos Claims Management Corporation, Third-Party-Plaintiff-Appellee-Cross-Appellant v. International Insurance Company, Third-Party-Defendant-Appellant-Cross-Appellee, and H.S. Weavers (Underwriting) Agencies, Ltd., Third-PartyCourt of Appeals for the First Circuit · 1995
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