Legal Opinion

Keyspan Gas E. Corp. v. Munich Reinsurance Am., Inc.

Court for the Trial of Impeachments and Correction of Errors

Decided March 27, 2018No. 20PublishedCited by 13 opinions

1Opinion of the CourtStein, J.

On this appeal, we once again venture into the complex realm of long-tail insurance claims. The particular question before us is whether, under the "pro rata time-on-the-risk" method of allocation, defendant Century Indemnity Company is liable to its insured, plaintiff KeySpan Gas East Corporation, for years outside of its policy periods when there was no applicable insurance coverage available on the market. For the reasons explained herein, we hold that KeySpan, not Century, bears the risk for those years during which such coverage was unavailable. We, therefore, affirm the order of the…

2Cases cited15 opinions

  1. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  2. Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
  3. 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
  4. Cragg v. Allstate Indemnity Corp.New York Court of Appeals · 2011
  5. The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016

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3Cited by13 opinions

  1. Consolidated Rest. Operations, Inc. v. Westport Ins. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
  2. Olin Corp. v. Lamorak Ins. Co.District Court, S.D. Illinois · 2018
  3. Cont'l Ins. Co. v. Honeywell Int'l, Inc.Supreme Court of New Jersey · 2018
  4. Travelers Indem. Co. v. Fishbach, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Travelers Indem. Co. v. Fishbach, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2023

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