Kosich v. Metropolitan Property & Casualty Insurance

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly concluded that plaintiffs’ losses were caused by asbestos contamination, coverage for which is specifically excluded under the insurance policy issued by defendant. To determine causation, one looks to the "efficient or dominant cause of the loss”, not the event that "merely set the stage for that later event” (Home Ins. Co. v American Ins. Co., 147 AD2d 353, 354; see also, Album Realty Corp. v American Home Assur. Co., 80…