AMERICAN HOME ASSURANCE COMPANY v. EVEREST REINSURANCE COMPANY

602485/06, 6431

90 A.D.3d 580 (2011)

936 N.Y.S.2d 20

2011 NY Slip Op 9537

AMERICAN HOME ASSURANCE COMPANY et al., Plaintiffs and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, v. EVEREST REINSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided December 27, 2011.


In 1993, National Union and its affiliates settled massive coverage litigation arising from the underlying insured's manufacture of the contaminant polychlorinated biphenyl (PCB) continuously from 1929 to 1971 at 80 sites around the country (the 1993 settlement). The 1993 settlement agreement had two parts: a cash payment to resolve all existing and future governmental clean-up claims at the 80 sites, and an agreement as to how any future private bodily injury or property...

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