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LILCO v. ALLIANZ UNDERWRITERS

301 A.D.2d 23 (2002)

749 N.Y.S.2d 488

LONG ISLAND LIGHTING COMPANY et al., Appellants, v. ALLIANZ UNDERWRITERS INSURANCE COMPANY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 24, 2002.

Attorney(s) appearing for the Case

David L. Elkind of counsel (Edward Tessler and Joseph F. Fields on the brief; Dickstein Shapiro Morin & Oshinsky, LLP, attorneys), for appellants.

Robert P. Firriolo of counsel (John G. McAndrews and William P. Lalor on the brief; Mendes & Mount, LLP, attorneys), for respondents.

ANDRIAS, J.P., ROSENBERGER, LERNER and MARLOW, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

This appeal requires us to determine whether one of the many excess liability insurance policies at issue in this action affords coverage for the cost of remediating soil and groundwater contamination that was caused by the operation of plants that closed years before the inception of the policy period. The insured argues that coverage exists, notwithstanding that no new contaminants were discharged during the policy period...

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