Legal Opinion

Union Carbide Corp. v. Affiliated FM Insurance

New York Court of Appeals

Decided February 22, 2011No. 16PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

This appeal calls on us to interpret an excess liability insurance policy covering asbestos claims made against Union Carbide Corporation (UCC). UCC and its insurers dispute: (1) whether the policy’s aggregate limit was renewed annually or continued over the three-year life of the policy; and (2) whether a two-month extension of coverage by one of the insurers triggered a new limit. We decide the first issue in UCC’s favor: The limit was renewed each year. On the second issue, however, we agree with the Appellate Division that UCC’s motion for summary judgment…

2Cases cited11 opinions

  1. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  2. Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
  3. Innophos, Inc. v. RHODIA, SANew York Court of Appeals · 2008
  4. Vintage, LLC v. Laws Construction Corp.New York Court of Appeals · 2009
  5. US Mineral Products Co. v. American Ins. Co.New Jersey Superior Court Appellate Division · 2002

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3Cited by12 opinions

  1. Global Reinsurance Corp. of Am. v. Century Indem. Co.Court for the Trial of Impeachments and Correction of Errors · 2017
  2. Aspen Specialty Ins. Co. v. RLI Ins. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Munich Reinsurance America, Inc. v. American National InsuranceDistrict Court, D. New Jersey · 2014
  4. Hylan Ross, LLC v. 2582 Hylan Blvd. Fitness Group, LLCAppellate Division of the Supreme Court of the State of New York · 2022
  5. A. Servidone, Inc./B. Anthony Constr. Corp., J v. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019

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