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COLUMBIA v. CONT'L INS

83 N.Y.2d 618 (1994)

634 N.E.2d 946

612 N.Y.S.2d 345

County of Columbia, Appellant, v. Continental Insurance Company et al., Respondents.

Court of Appeals of the State of New York.

Decided May 12, 1994.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, Albany (Jean F. Gerbini and John Hanna, Jr., of counsel), for appellant.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany (Dianne Bresee Mayberger of counsel), for Continental Insurance Company and another, respondents.

Day, Berry & Howard (Thomas J. Groark, Jr., Ruth A. Kurien and Mitchell R. Harris of counsel, of the Connecticut Bar, admitted pro hac vice), and Ainsworth, Sullivan, Tracy, Knauf, Warner and Ruslander, Albany (Frank M. Pell of counsel), for Aetna Casualty & Surety Company, respondent.

Anderson Kill Olick & Oshinsky, P. C., New York City (Eugene R. Anderson, R. Mark Keenan and Stephen A. Dvorkin of counsel), for Rheem Manufacturing Company and another, amici curiae.

O'Melveny & Myers, New York City (John L. Altieri, Jr., and Thomas J. Di Resta of counsel), and Wiley, Rein & Fielding (Laura A. Foggan, Daniel E. Troy and Russell Sullivan of counsel, of the District of Columbia Bar, admitted pro hac vice), for Insurance Environmental Litigation Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and CIPARICK concur; Judge LEVINE taking no part.

SMITH, J.

This is a declaratory judgment action in which plaintiff seeks an order that defendants are required to provide legal representation and coverage for an action brought against it. Specifically, the issue is whether "personal injury" endorsements in policies issued to plaintiff by defendants require representation and coverage for liability arising from alleged property damage resulting from the leaching...

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