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SERIO v. PUB. SERV. INS. CO.

304 A.D.2d 167 (2003)

759 N.Y.S.2d 110

GREGORY V. SERIO, as Superintendent of Insurance of the State of New York, Appellant, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Respondent.

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

April 21, 2003.

Attorney(s) appearing for the Case

Shayne, Dachs, Stanisci, Corker & Sauer, Mineola (Norman H. Dachs of counsel), for appellant.

Stuart M. Herz, Garden City, for respondent.

FLORIO, J.P., CRANE and MASTRO, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.

On this appeal we address a matter of great importance concerning the apportionment of liability between successive insurers for losses caused by a child's exposure to lead paint. Where the exposure occurred over a period of three years, and where the two insurers covered that loss, respectively, during consecutive periods of two and one years, we hold that each insurer shall bear a share of liability for the purpose of...

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