MT. McKINLEY INSURANCE COMPANY, Formerly Known as GIBRALTAR CASUALTY COMPANY, et al., Plaintiffs,
v.
CORNING INCORPORATED, Respondent, and AIU INSURANCE COMPANY et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 29, 2006.
June 29, 2006.
Attorney(s) appearing for the Case
Lynberg & Watkins, Los Angeles, California (Michael Jay Larin of counsel), and Mound Cotton Wollan & Greengrass, New York City (James M. Dennis of counsel), for AIU Insurance Company and others, appellants.
Mendes & Mount, LLP, New York City (Dennis J. McEnery of counsel), and Susman Godfrey LLP, Houston, Texas (Joseph S. Grinstein and Michael P. Geiser of counsel), for London Market Insurers, appellants.
McDermott Will & Emery LLP, Washington, DC (M. Miller Baker, of the Louisiana Bar, admitted pro hac vice; Richard B. Rogers and James E. Smith of counsel); McDermott Will & Emery LLP, New York City (Daniel A. Mullen and Danielle A. Schweiloch of counsel); and Carroll Burdick & McDonough LLP, San Francisco, California (Rodney L. Eshelman and Gretchen A. Ramos of counsel), for Continental Casualty Company and others, appellants.
Debevoise & Plimpton LLP, New York City (Robert D. Goodman and Steve Vaccaro of counsel), for Travelers Casualty & Surety Company, as successor-in-interest to The Aetna Casualty & Surety Company, appellants.
Ward Norris Heller & Reidy LLP, Rochester (Thomas S. D'Antonio, Cheryl A. Heller and Maria M. Herrero-Jaarsma of counsel), for respondent.
BUCKLEY, P.J., and MALONE, J., concur with SULLIVAN, J.; TOM and ANDRIAS, JJ., dissent in a separate opinion by ANDRIAS, J.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
SULLIVAN, J.
This is a declaratory judgment action, which arises in the context of mass asbestos liability exposure on the part of Corning Incorporated, brought by two of its insurers, Mt. McKinley Insurance Company and Everest Reinsurance Company,1 against Corning and other insurers that similarly issued commercial general liability (CGL) policies to Corning. Plaintiffs...
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