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VILLAGE MALL AT HILLCREST CONDOMINIUM v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY

309 A.D.2d 857 (2003)

766 N.Y.S.2d 70

VILLAGE MALL AT HILLCREST CONDOMINIUM, Respondent, v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY, Appellant, and CHUBB & SON, INC., et al., Respondents.

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

Decided October 20, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, for a judgment declaring that the defendant Merrimack Mutual Fire Insurance Company (hereinafter Merrimack) was obligated under seven successive annual insurance policies to provide a defense and/or indemnify it in connection with an underlying personal injury action brought against it arising out of asbestos inhalation. Merrimack disclaimed coverage based upon the pollution...

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