STATE OF NEW YORK INSURANCE DEPARTMENT, LIQUIDATION BUREAU v. GENERALI INSURANCE COMPANY


44 A.D.3d 469 (2007)

844 N.Y.S.2d 13

STATE OF NEW YORK INSURANCE DEPARTMENT, LIQUIDATION BUREAU, Respondent, v. GENERALI INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided October 16, 2007.


In 1993, two children and their mother instituted an action to recover damages caused by their exposure to lead paint. Rosan Realty Corp., an owner of the premises where the alleged exposure occurred, was named as a defendant. During Rosan's ownership of the premises, it was insured for the risk at issue by Generali for 5.5 months, and by Transtate Insurance Company for 10.2 months. The coverage provided by the two insurers was discontinuous, and for much of the risk period...

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