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NESMITH v. ALLSTATE INS. CO.

No. 187.

24 N.Y.3d 520 (2014)

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

Court of Appeals of New York.

Decided November 25, 2014.

Attorney(s) appearing for the Case

Nixon & Richter, PLLC, Whitesboro ( Mark G. Richter and James E. Nixon of counsel), for appellants.

Rivkin Radler LLP, Uniondale ( Barry I. Levy , Evan H. Krinick , Cheryl F. Korman , Alan Eagle and Henry Mascia of counsel), for respondent.

Anderson Kill P.C., New York City ( William G. Passannante , John G. Nevius and Nicholas R. Maxwell of counsel), and Amy Bach, San Francisco, California, for United Policyholders, amicus curiae.

Lewis Johs Avallone Aviles, LLP, Islandia ( Daniel A. Bartoldus of counsel), for New York Insurance Association, Inc., amicus curiae.

Judges GRAFFEO, READ and ABDUS-SALAAM concur; Judge PIGOTT dissents in an opinion in which Chief Judge LIPPMAN concurs; Judge RIVERA taking no part.

OPINION OF THE COURT

In Hiraldo v Allstate Ins. Co. (5 N.Y.3d 508 [2005]), we interpreted a so-called "noncumulation clause" contained in a series of successively-issued liability insurance policies. We held that a person suing for exposure to lead paint during the terms of all the policies...

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