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FEDERAL INS. v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 20.

18 N.Y.3d 642 (2012)

965 N.E.2d 934

942 N.Y.S.2d 432

2012 NY Slip Op 1320

FEDERAL INSURANCE COMPANY, Respondent, v. INTERNATIONAL BUSINESS MACHINES CORPORATION et al., Appellants.

Court of Appeals of New York.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Jones Day, New York City ( Thomas H. Sear , Howard F. Sidman, Victoria Dorfman and Caryn L. Wolfe of counsel), for appellants.

Stroock & Stroock & Lavan LLP, New York City ( Michael F. Perlis , Richard R. Johnson , of the California bar, admitted pro hac vice, and Ernst H. Rosenberger of counsel), for respondent.

Order affirmed, with costs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The question before the Court is whether the disputed language in an insurance policy extends coverage to alleged violations of the Employee Retirement Income Security Act of 1974 (ERISA) by defendant insureds, International Business Machines Corporation and the IBM Personal Pension Plan (collectively, IBM), acting in their capacity as the settlor of their employee...

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