NESMITH v. ALLSTATE INS. CO.

1252 CA 12-00182.

103 A.D.3d 190 (2013)

958 N.Y.S.2d 817

2013 NY Slip Op 608

JANNIE NESMITH, as Parent and Natural Guardian of JANNIE PATTERSON, an Infant, et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided February 1, 2013.


Attorney(s) appearing for the Case

SHAPIRO, BEILLY & ARONOWITZ, LLP, New York City ( Roy J. Karlin of counsel), for appellant.

Nixon Law Firm, PLLC, Whitesboro ( James E. Nixon of counsel), for respondents.

Anderson Kill & Olick, P.C., New York City ( John G. Nevius of counsel), for United Policyholders, amicus curiae.

SMITH, J.P., CENTRA, LINDLEY and WHALEN, JJ., concur.


OPINION OF THE COURT

SMITH, J.

Plaintiffs commenced this action seeking a declaration of the rights of the parties to an insurance policy. In November 1991, defendant issued the policy to Tony Clyde Wilson, the owner of an apartment building in the City of Rochester. The policy, which had a per-occurrence limit of $500,000, was for one year, and it was renewed for two additional one-year periods. In 1993, two children were exposed to lead paint while living...

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