CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, et al., Plaintiffs,
v.
FOSTER WHEELER CORPORATION, Appellant, and AFFILIATED FM INSURANCE COMPANY et al., Respondents, et al., Defendants, et al., Nominal Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 28, 2006.
September 28, 2006.
Attorney(s) appearing for the Case
Covington & Burling, Washington, DC (Robert A. Long, Jr., of the District of Columbia bar, admitted pro hac vice, and William P. Skinner and Keith A. Noreika of counsel), and Covington & Burling, New York City (Michael C. Nicholson of counsel), for appellant.
Crowell & Moring LLP, Washington, DC (Clifton S. Elgarten, Kathryn A. Underhill, Jonathan H. Pittman and Amy B. Newman of counsel), and Levin & Glasser, P.C., New York City (Paul G. Burns of counsel), for Century Indemnity Company, respondent.
Cozen O'Connor, New York City (James B. Dolan, Jr., Thomas G. Wilkinson, Jr., and Melissa F. Brill of counsel), for AIU Insurance Company, and others, respondents.
Riker, Danzig, Scherer, Hyland & Perretti LLP, New York City (David A. Niles and Brian E. O'Donnell of counsel), for Mitsui Sumitomo Insurance Company, Ltd., and others, respondents.
Bates & Carey LLP, Chicago, Illinois (Krista C. Sorvino and Maria G. Enriquez of counsel), for American Re-Insurance Company and another, respondents.
Coughlin Duffy, LLP, Morristown, New Jersey (Adam M. Smith of counsel), for Zurich American Insurance Company, respondent.
SULLIVAN, NARDELLI, WILLIAMS and SWEENY, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
FRIEDMAN, J.P.
The question presented is whether New York law or New Jersey law governs a large number of excess liability insurance policies, under which the insured seeks coverage for a portion of the costs of defending and paying asbestos-related personal injury claims that have been asserted against it since the 1970s. For the reasons discussed below, we conclude that New Jersey law applies...
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