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.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 9, 2007.
Decided February 15, 2007.
Attorney(s) appearing for the Case
Cleary Gottlieb Steen & Hamilton LLP, New York City (Evan A. Davis, Jonathan T. Salomon and Brendan H. Gibbon of counsel), Pillsbury Winthrop Shaw Pittman LLP (E. Leo Milonas, David G. Keyko, Frederick A. Brodie and Laura L. Smith of counsel), McCarter & English, LLP (Gita F. Rothschild, R. Nicholas Gimbel and Andrew T. Berry of counsel), Thomas H. Hill, Fairfield, Connecticut, Jonathan M. Goodman and Buckmaster De Wolf, for appellant.
Wachtell, Lipton, Rosen & Katz, New York City (Herbert M. Wachtell, Ben M. Germana and Carrie M. Reilly of counsel), Skadden, Arps, Slate, Meagher & Flom LLP, New York City (Michael J. Balch of counsel), Bonner Kiernan Trebach & Crociata, LLP (Alexander H. Gillespie of counsel), Hardin, Kundla, McKeon & Poletto (George R. Hardin and John S. Favate of counsel), Rivkin Radler LLP, Summit, New Jersey (Brian R. Ade of counsel), and Landman Corsi Ballaine & Ford, PC, New York City (Michael L. Gioia of counsel), for plaintiff and certain respondents.
Mendes & Mount, LLP, New York City (Thomas J. Quinn, Eileen T. McCabe and Stephen T. Roberts of counsel), for Certain Underwriters at Lloyd's, London, amici curiae.
Chief Judge KAYE and Judges CIPARICK, SMITH and PIGOTT concur; Judges READ and JONES taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
GRAFFEO, J.
In this declaratory judgment action, we must determine whether, for purposes of exceeding annual "per occurrence" primary insurance policy limits to access excess insurance proceeds, defendant General Electric Company (GE) can group together as a single occurrence numerous personal injury claims arising from the exposure of individuals to asbestos insulation in GE turbines...
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