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CEDARHURST v. HANOVER INS CO

89 N.Y.2d 293 (1996)

675 N.E.2d 822

653 N.Y.S.2d 68

Incorporated Village of Cedarhurst, Respondent, v. Hanover Insurance Company, Appellant. Incorporated Village of Cedarhurst, Respondent, v. Hanover Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1996.

Attorney(s) appearing for the Case

Roy A. Mura, Buffalo, and Carolyn M. Henry for appellant in the first and second above-entitled actions.

Horenstein, Josepher & Gewanter, P. C., New York City (Stanley M. Gewanter and James A. Jackson of counsel), for respondent in the first and second above-entitled actions.

O'Melveny & Myers LLP, 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 Treg A. Julander, of the District of Columbia Bar, admitted pro hac vice, of counsel), for Insurance Environmental Litigation Association, amicus curiae in the first and second above-entitled actions.

Lydia Rocissano Marola, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae in the first and second above-entitled actions.

Judges SIMONS, BELLACOSA and CIPARICK concur with Judge SMITH; Judge LEVINE dissents and votes to reverse in a separate opinion in which Chief Judge KAYE and Judge TITONE concur.

SMITH, J.

The issue in these appeals is whether defendant insurer is required to defend and indemnify its insured, the Incorporated Village of Cedarhurst, in two separate actions brought against the Village for property damage and personal injuries allegedly caused by a discharge or overflow of raw sewage from the municipal sewer system. Defendant contends that it properly...

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