APPALACHIAN INSURANCE COMPANY v. GENERAL ELECTRIC COMPANY


19 A.D.3d 198 (2005)

796 N.Y.S.2d 609

APPALACHIAN INSURANCE COMPANY, Respondent, v. GENERAL ELECTRIC COMPANY, Appellant, and RIUNIONE ADRIATICA DISICURTA, Also Known as ADRIATIC INSURANCE COMPANY, et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

June 14, 2005.


Under the subject policies, the availability of excess coverage is triggered by an "occurrence," defined as "an accident, event, happening or continuous or repeated exposure to conditions. . . which results in personal injury, sickness, disease or death." For the purpose of determining the attachment point of the excess coverage, the motion court correctly held that such clause is not ambiguous; that the operative "occurrence" is the last link in the causal chain leading...

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