SELECTIVE INS. v. COUNTY

No. 4.

26 N.Y.3d 649 (2016)

47 N.E.3d 458

27 N.Y.S.3d 92

2016 NY Slip Op 01001

SELECTIVE INSURANCE COMPANY OF AMERICA et al., Respondents-Appellants, v. COUNTY OF RENSSELAER, Appellant-Respondent.

Court of Appeals of New York.

Decided February 11, 2016.


Attorney(s) appearing for the Case

Burke, Scolamiero, Mortati & Hurd, LLP, Albany ( Melissa J. Smallacombe and Mark G. Mitchell of counsel), for appellant-respondent.

Galbo & Associates, Buffalo ( Richard A. Galbo and Leo C. Kellett of counsel), for respondents-appellants.

Judges PIGOTT, RIVERA, STEIN and FAHEY concur; Chief Judge DIFIORE and Judge GARCIA taking no part.


OPINION OF THE COURT

We conclude that the underlying class action civil rights suit at issue does not constitute one occurrence under the relevant policies' definition of "occurrence" and that the attorney's fees generated in defending that suit were properly allocated to the...

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