CONSOLIDATED EDISON CO. OF N.Y., INC. v. AMERICAN HOME ASSUR. CO.

No. 600527/01.

2010 NY Slip Op 32693(U)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff, v. AMERICAN HOME ASSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, AMERICAN REINSURANCE COMPANY, CENTURY INDEMNITY COMPANY, CERTAIN UNDERWRITERS OF LLOYD'S LONDON AND LONDON MARKET INSURANCE COMPANIES, CONTINENTAL CASUALTY COMPANY, DAIRYLAND INSURANCE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, FIREMEN'S FUND INSURANCE COMPANY, HOME INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, INTERNATIONAL INSURANCE COMPANY, NATIONAL CASUALTY COMPANY, NEW ENGLAND INSURANCE COMPANY, PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA, ST. PAUL FIRE & MARINE INSURANCE COMPANY, TIG INSURANCE COMPANY, TWIN CITY FIRE INSURANCE COMPANY, ZURICH AMERICAN INSURANCE COMPANY, and ZURICH INSURANCE COMPANY, Defendants.

Supreme Court, New York County.

September 18, 2010.


HERMAN CAHN, Judge.

In this declaratory judgment action, defendant Continental Casualty Company (Continental)1 moves, pursuant to CPLR 3212, for partial summary judgment declaring that it has no duty to defend and indemnify plaintiff Consolidated Edison Company of New York (Con Ed) regarding environmental damage claims at the Astoria and Pelham Manor sites, because of failure to provide timely notice, as required by the subject policies...

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