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HIRALDO v. ALLSTATE INS. CO.

5 N.Y.3d 508 (2005)

840 N.E.2d 563

806 N.Y.S.2d 451

CHRISTOPHER HIRALDO, an Infant, by His Mother and Natural Guardian, ALEXANDRIA HIRALDO, et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 25, 2005.

Attorney(s) appearing for the Case

Mirman, Markovits & Landau, P.C., New York City (Ephrem J. Wertenteil of counsel), for appellants.

Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox, LLP, New York City (Barry I. Levy and Beth Shapiro of counsel), for respondent.

Levy, Phillips & Konigsberg, LLP, New York City (Philip Monier, III, of counsel), for Levy, Phillips & Konigsberg, LLP, amicus curiae.

Rivkin Radler LLP, Uniondale (Evan Krinick, Alan Eagle, Cheryl Korman and Jason Gurdus of counsel), for Property Casualty Insurers Association of America and another, amici curiae.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

Allstate Insurance Company issued a $300,000 liability policy for a term of one year. Upon its expiration, the policy was renewed for another year, and then again for a third. Plaintiff Christopher Hiraldo was allegedly exposed to lead paint continuously during the terms of all three policies. The question is whether, if that allegation is true, the available insurance coverage is $300,000 or $900,000.

The clear...

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