Consolidated Edison Co. of New York, Inc. v. Allstate Insurance

OPINION OF THE COURT

Chief Judge Kaye.

Central to this appeal by an insured against its insurers are two important law questions: first, whether the insured (or the insurers) should have the burden of proving that the damage was (or was not) the result of an “accident” or “occurrence” within the meaning of the policies, and second, how any liability should be allocated. This case presents something of a time capsule in that nineteenth century technology polluting twentieth century properties will have significant twenty-first century financial ramifications. For approximately 60 years— from…