Town of Harrison et al., Respondents-Appellants,
v.
National Union Fire Insurance Company of Pittsburgh, Pa., et al., Appellants-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 16, 1996
Decided December 18, 1996.
Attorney(s) appearing for the Case
Simpson, Thacher & Bartlett, New York City (Barry R. Ostrager of counsel), Jones Hirsch Connors & Bull LLP, White Plains (Kevin F. Cavaliere of counsel), and Cahill Gordon & Reindel, New York City (Thorn Rosenthal and Christopher Nelson of counsel), for National Union Fire Insurance Company of Pittsburgh, Pa., appellant-respondent.
McElroy, Deutsch & Mulvaney, New York City (Kevin E. Wolff and Christopher R. Carroll of counsel), for North River Insurance Company, appellant-respondent.
Anderson Kill & Olick, P. C., New York City (John H. Kazanjian, Eugene R. Anderson, A. Thomas Southwick and Jennifer Sclar of counsel), Robert S. Weininger, Town Attorney of Town of Harrison, and Fred J. Castiglia, Village Attorney of Village of Harrison, for respondents-appellants.
O'Melveny & Myers, New York City (John L. Altieri, Jr., and Thomas J. DiResta of counsel), and Wiley, Rein & Fielding (Laura A. Foggan, Daniel E. Troy, William A. McGrath and Treg A. Julander, of the District of Columbia Bar, admitted pro hac vice, of counsel), for Insurance Environmental Litigation Association, amicus curiae.
Lydia R. Marola, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.
Stewart, Occhipinti & Makow, L.L.P., New York City (Charles A. Stewart, III, of counsel), and Amy Bach, of the California Bar, admitted pro hac vice, for United Policyholders, amicus curiae.
Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.
Court of Appeals of the State of New York.
CIPARICK, J.
The issue presented on this appeal concerns the interpretation of the pollution exclusions contained in the commercial liability policies issued to plaintiffs, the Town of Harrison and Village of Harrison. The Appellate Division determined that because plaintiffs were not responsible for the alleged illegal dumping of waste materials onto property owned by complainants in three of the underlying...
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