TRAVELERS CASUALTY AND SURETY COMPANY, Formerly Known as AETNA CASUALTY AND SURETY COMPANY, Appellant,
v.
CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON et al., Respondents, et al., Defendants.
TRAVELERS CASUALTY AND SURETY COMPANY, Formerly Known as AETNA CASUALTY AND SURETY COMPANY, Appellant,
v.
CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON et al., Respondents, et al., Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 5, 2001.
Decided October 16, 2001.
Attorney(s) appearing for the Case
Simpson Thacher & Bartlettt, New York City (Mary Kay Vyskocil, Joseph M. McLaughlin, Paul C. Gluckow, Michelle A. Kisloff and Tyler B. Robinson of counsel), for appellant in the first and second above-entitled actions.
Wachtell, Lipton, Rosen & Katz, New York City (Herbert M. Wachtell, Michael W. Schwartz, Ben M. Germana and Israel Friedman of counsel), and Lord, Bissell & Brook (Robert B. Robinson, of the Illinois Bar, admitted pro hac vice, and Jill Van Wormer of counsel), for respondents in the first and second above-entitled actions.
Cuyler Burk, L. L. P., New York City (Christopher Erd of counsel), and Bates & Carey, Chicago, Illinois (Robert J. Bates, Jr., and Mark G. Sheridan of counsel), for Reinsurance Association of America and another, amici curiae in the first and second above-entitled actions.
Rivkin Radler, L. L. P., Uniondale (William M. Savino, Stephen J. Smirti, Jr., and M. Paul Gorfinkel of counsel), for American Insurance Association, amicus curiae in the first and second above-entitled actions.
Anderson Kill & Olick, P. C., New York City (Eugene R. Anderson of counsel), for United Policyholders and others, amici curiae in the first and second above-entitled actions.
Cahill Gordon & Reindel, New York City (Edward P.Krugman of counsel), and Eric S. Kobrick for American International Group, Inc., amicus curiae in the first and second above-entitled actions.
Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
GRAFFEO, J.
These appeals present a common issue of contract interpretation: whether losses from environmental injury claims involving decades of commercial activities at numerous industrial and waste disposal sites may properly be aggregated as a single "disaster and/or casualty" under certain reinsurance treaties. We conclude, under the facts and reinsurance contracts at issue, that the aggregation of these losses is beyond the scope...
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