RAMIREZ v. ALLSTATE INSURANCE COMPANY


26 A.D.3d 266 (2006)

811 N.Y.S.2d 19

VALERIE RAMIREZ et al., Infants, by Their Mother, WENDY GUZMAN, et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent, et al., Defendant.

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

February 23, 2006.


Each of the two infant plaintiffs resided in the same apartment and suffered injury as a result of exposure to lead. Defendant insured the building owner under a homeowner's liability policy with coverage limit "per occurrence" of $200,000. The issue is whether defendant is liable in the aggregate for $200,000 or $400,000. In relevant part the policy provides: "Regardless of the number of insured persons, injured persons, claims, claimants or policies involved, our total...

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