AMERICAN INTL. SPECIALTY LINES INS. CO. v. KAGOR REALTY CO. LLC

102154/11, 14355, 14355.

125 A.D.3d 572 (2015)

AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Respondent, v. KAGOR REALTY CO. LLC et al., Defendants, and STAR INSURANCE CORPORATION, Appellant.

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

Decided February 26, 2015.


The purpose of the subject policy's "retroactive date" was to provide coverage to claims made during the policy period that were based on events that took place after a particular date. Thus, the insured in this case was required to prove that a pollution incident commenced after the retroactive date (see Pritchard v Federated Mut. Ins. Co., 1995 WL 854775, *7, *10 [WD Tenn, Oct. 2, 1995, No. 93-2765-TUA]). Here, the record amply demonstrates that the lead paint pollution...

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