FLINTKOTE v. AM. MUT.


103 A.D.2d 501 (1984)

The Flintkote Company, Appellant, v. American Mutual Liability Insurance Company et al., Respondents. (Action No. 1.) American Mutual Liability Insurance Company, Respondent, v. The Flintkote Company, Appellant, and Liberty Mutual Insurance Company et al., Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 22, 1984


Attorney(s) appearing for the Case

Shearman & Sterling (Joseph T. McLaughlin, Leslie J. Davis, James P. Tallon and Rachel E. Deming of counsel; Henry A. Udow on the brief), for appellant.

Siff & Newman, P. C. (Stewart I. Parker, Louis G. Corsi and Alexander J. Wulwick of counsel), for American Mutual Liability Insurance Company, respondent.

Clark, Gagliardi & Miller, P. C. (Lawrence T. D'Aloise, Jr., of counsel), for Midland Insurance Company, respondent.

Lanzone & Kramer (Stephen G. Ringel of counsel), for Lexington Insurance Company, respondent.

Smith & Laquercia, P. C. (Edward L. Smith and Joseph P. Minasi of counsel), for Admiral Insurance Company, respondent.

Jeffrey S. Rovins (Lorelei Borland of counsel), and Morgan, Melhuish, Monaghan, Meyer, Arvidson, Abrutyn & Lisowski for Home Insurance Company, respondent. (One brief filed.)

Deegan, Scibilia & Reardon (Marian C. Rice and Donald E. Deegan of counsel), for Commercial Union Insurance Company, respondent.

Rivkin, Leff, Sherman & Radler (Jeffrey Silberfeld and Nancy K. Eisner of counsel), for Continental Casualty Corporation, respondent.

Rende, Ryan & Downes and Hogan & Hartson (James J. Downes, John P. Arness, P. C., and Jamie M. Bennett of counsel), for Hartford Accident and Indemnity Company, respondent. (One brief filed.)

Heidell, Pittoni & Moran, P. C. (Albert S. Commette and Matthew J. McMahon of counsel), for Highland Insurance Company, respondent.

Kornfeld, Rew, Newman & Ellsworth (Thomas J. Newman of counsel), for Fireman's Insurance Company, respondent.

Cabell, Kennedy & French (T. Richard Kennedy and Philip R. Kastellec of counsel), for North Star Reinsurance Corporation and another, respondents.

TITONE, J. P., MANGANO and O'CONNOR, JJ., concur.


LAZER, J.

The Flintkote Company, a Delaware corporation, is a manufacturer of building construction materials, including polyurethane and asbestos products. Between 1973 and 1977 it was named as a defendant in 36 lawsuits which alleged that the installation of polyurethane foam caused fires in certain buildings and other property damage. These lawsuits were settled...

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