CENTURY INDEMNITY COMPANY v. BROOKLYN UNION GAS COMPANY

603405/01, 8838N, 403087/02, 8837.

170 A.D.3d 632 (2019)

97 N.Y.S.3d 72

2019 NY Slip Op 02435

Century Indemnity Company, Respondent, v. Brooklyn Union Gas Company, Appellant. Brooklyn Union Gas Company, Appellant, v. Century Indemnity Company, Respondent, et al., Defendant. Century Indemnity Company, Appellant, v. Brooklyn Union Gas Company, Respondent. Brooklyn Union Gas Company, Respondent, v. Century Indemnity Company, Appellant, et al., Defendant.

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

Decided March 28, 2019.


Century's commencement of this litigation constituted a repudiation of liability under the policies for the remediation claims against Brooklyn Union, relieving Brooklyn Union of its obligation under the policies to obtain Century's consent before agreeing to pay for remediation costs for the Metropolitan manufactured gas plant (see J.P. Morgan Sec. Inc. v Vigilant Ins. Co., 151 A.D.3d 632

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