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UNION CARBIDE v. AFFILIATED

No. 16

16 N.Y.3d 419 (2011)

UNION CARBIDE CORPORATION, Appellant, v. AFFILIATED FM INSURANCE COMPANY et al., Defendants, and CONTINENTAL CASUALTY COMPANY, et al., Respondents.

Court of Appeals of New York.

Decided February 22, 2011.

Attorney(s) appearing for the Case

Proskauer Rose LLP ( Steven R. Gilford , of the Illinois bar, admitted pro hac vice, and John Sloat of counsel), Proskauer Rose LLP, New York City ( Bruce E. Fader and Matthew J. Morris of counsel), and Kirkland & Ellis LLP, Chicago, Illinois ( Michael P. Foradas of counsel), for appellant.

Carroll, Burdick & McDonough LLP ( G. David Godwin , of the California bar, admitted pro hac vice, and Laurie J. Hepler of counsel) and Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City ( Charles A. Booth and Patrick J. Bernal of counsel), for Continental Casualty Company and Litchfield Cavo LLP (Edward Fogarty, Jr., of counsel) for Argonaut Insurance Company, respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

This appeal calls on us to interpret an excess liability insurance policy covering asbestos claims made against Union Carbide Corporation (UCC). UCC and its insurers dispute: (1) whether the policy's aggregate limit was renewed annually or continued over the three-year life of the policy; and (2) whether a two-month extension of coverage by one of the insurers triggered a new...

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