MATTER OF MIDLAND INS. CO.

4357N. 41294/86.

151 A.D.3d 624 (2017)

2017 NY Slip Op 05171

58 N.Y.S.3d 32

In the Matter of MIDLAND INSURANCE COMPANY. ASARCO LLC, Appellant, v. SUPERINTENDENT OF FINANCIAL SERVICES OF THE STATE OF NEW YORK, as Liquidator of Midland Insurance Company, Respondent.

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

Decided June 22, 2017.


Claimant, a mining, smelting, and refining company, seeks indemnification under four excess insurance policies issued to it by Midland Insurance Company of amounts paid pursuant to a settlement with the Environmental Protection Agency (EPA) and other government agencies in connection with the EPA's clean-up of a residential area in Omaha, Nebraska, in which surface soils were contaminated by lead, in part, as a result of claimant's operations. The policies exclude coverage...

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