Frontier Insulation Contractors, Inc., Appellant,
v.
Merchants Mutual Insurance Company et al., Respondents, et al., Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 19, 1997
Decided December 22, 1997.
Attorney(s) appearing for the Case
Kavinoky & Cook, L. L. P., Buffalo (Randolph C. Oppenheimer, Joseph J. Welter and Marilyn A. Hochfield of counsel), for appellant.
Jaeckle Fleischmann & Mugel, L. L. P., Buffalo (Howard S. Rosenhoch and Charles J. Scibetta, Jr., of counsel), for Merchants Mutual Insurance Company, respondent.
Saperston & Day, P. C., Buffalo (Richard J. Cohen of counsel), for Utica Mutual Insurance Company, respondent.
Covington & Burling (Mitchell F. Dolin, Richard D. Shore, Jay T. Smith, Eric G. Lasker, Catherine E. Long and Jonathan B. Mirsky, of the District of Columbia Bar, admitted pro hac vice, of counsel), for Armstrong World Industries, Inc., and others, amici curiae.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.
Court of Appeals of the State of New York.
TITONE, J.
The narrow issue before us in this declaratory judgment action is whether the "product hazards" exclusions in the insurance policies at issue relieve defendant insurers of the duty defend their insured, an asbestos insulation contractor, in 21 underlying personal injury suits. We resolve this question in favor of the insured because defendant insurers have...
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