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CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP v. INDIAN HARBOR INSURANCE COMPANY

41 A.D.3d 214 (2007)

838 N.Y.S.2d 62

CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP et al., Appellants, v. INDIAN HARBOR INSURANCE COMPANY, Respondent.

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

Decided June 14, 2007.

In light of the clear allocation provision in the policy, which had the effect of a partial exclusion (cf. Owens Corning v National Union Fire Ins. Co. of Pittsburgh, PA, 257 F.3d 484, 492-493 [6th Cir 2001]), and despite the joint and several liability of the insured and uninsured defendants in the underlying litigation, the insurer is only required to pay a portion of its insured's claim for reimbursement of the settlement amount...

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