APPALACHIAN INS. CO. v. GENERAL ELEC. CO.

122807-1996.

2008 NY Slip Op 51585 (U)

APPALACHIAN INSURANCE COMPANY, Plaintiffs, v. GENERAL ELECTRIC COMPANY, et al., Defendants.

Supreme Court of the State of New York, New York County.

Decided July 17, 2008.


Attorney(s) appearing for the Case

McCarter & English, LLP, Newark, New Jersey, (Keith E. Lynott, Esq., Brian J. Osias, Esq., Louis Chiafallo, Esq., Gita F. Rothschild, Esq., Arnold L. Natali, Esq.) Attorneys for General Electric Co.

Ford Marrin Esposito Witmeyer, & Glesser, LLP, New York, New York, (Elizabeth M. DeCristofaro, Esq.) Attorneys for Continental Casualty Co. and Continental Insurance Co.

Littleton Joyce Ughetta, Park & Kelly, LLP, New York, New York, (Sarah J. Edwards, Esq., Robert L. Joyce, Esq.), Attorneys for Royal Indemnity Co.

Rivkin Radler, LLP, Hackensack, New Jersey, (Anthony LaPorta, Esq., Brian R. Ade, Esq., Timothy B. Parlin, Esq.), Attorneys for Federal Insurance Co.

Skadden, Arps, Slate, Meagher & Flom, LLP, New York, New York, (Michael J. Balch, Esq.), Attorneys for General Reinsurance Corp. and North Star Reinsurance Corp.

Landman Corsi Ballaine & Ford, PC, New York, New York, (Michael L. Gioia, Esq., Patrick Stoltz, Esq.) Attorneys for Republic Insurance Co.

White and Williams, LLP, Philadelphia, PA, (Patricia B. Santelle, Esq., Thomas M. Going, Esq., Daniel M. Isaacs, Esq.) Attorneys for Century Indemnity Co., Pacific Employers Insurance Co., and OneBeacon American Insurance Co.

Thorp Reed & Armstrong, Philadelphia, Pennsylvania, (John R. Embick, Esq.) Attorneys for Lincoln Insurance Co.


BERNARD J. FRIED, J.

In the underlying action, GE seeks a declaratory judgment that the Insurers have a duty to indemnify GE against all liabilities incurred as a result of GE's environmental contamination of numerous sites around the country.2 The insurance policies that are in dispute were issued to GE between 1956 and 1986 and provide coverage for GE's liability to third parties. For purposes of the instant motions, the parties agree...

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