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NATL UNION v. FARMINGTON CAS.

1 Misc.3d 671 (2003)

765 N.Y.S.2d 763

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., et al., Plaintiffs, v. FARMINGTON CASUALTY COMPANY et al., Defendants.

Supreme Court, New York County.

October 10, 2003.

Attorney(s) appearing for the Case

McCormick Dunne & Foley, New York City, for National Union Fire Insurance Company of Pittsburgh, Pa., plaintiff. Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, New York City, for OneBeacon Insurance, plaintiff.

Lazare Potter Giacovas & Kranjac LLP, New York City, for Farmington Casualty Company, defendant.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

The prime legal issue presented on the motions before me is whether an insurer who issued liability policies for two consecutive years, each of which provides $1,000,000 of coverage for any one "occurrence," may be held liable for more than that sum when the insured landlord is sued by infant tenants for lead-based paint poisoning occurring over several years.

The motions before me are by plaintiffs National...

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