Continental Casualty Co. et al., Appellants,
v.
Rapid-American Corporation et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 6, 1993.
Decided February 11, 1993.
Attorney(s) appearing for the Case
Ford Marrin Esposito Witmeyer & Gleser, New York City (Charles A. Booth, Victor G. Gleser and Mona Jha of counsel), for appellants.
Rubin Baum Levin Constant & Friedman, New York City (Stephen A. Marshall and Martin J. Schwartz of counsel), for Rapid-American Corporation, respondent.
Lester Schwab Katz & Dwyer, New York City (Steven B. Prystowsky and Eric A. Portuguese of counsel), for National Union Fire Insurance Company of Pittsburgh, respondent.
Mudge Rose Guthrie Alexander & Ferdon, New York City (John L. Altieri, Jr., and Robert D. Goldaber of counsel), and Wiley, Rein & Fielding, of the District of Columbia Bar, admitted pro hac vice (Thomas W. Brunner, Laura A. Foggan, Marilyn E. Kerst and Dennis A. Tosh of counsel), for Insurance Environmental Litigation Association, amicus curiae.
Anderson Kill Olick & Oshinsky, P. C., New York City (Jerold Oshinsky, Randy Paar, David L. Elkind and Robert L. Carter of counsel), for W.R. Grace & Company-Conn. and others, amici curiae.
Acting Chief Judge SIMONS and Judges TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.
Court of Appeals of the State of New York.
KAYE, J.
At issue before us is an insurer's duty to defend actions for personal injuries sustained through exposure to asbestos products manufactured by the insured's predecessor corporation. We resolve the questions raised in favor of the insured, concluding that in the circumstances presented, the standard form comprehensive general liability (CGL) policy requires defense of the actions.
Plaintiffs...
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