MATTER OF LIQUIDATION OF MIDLAND INS. CO.

9027, 41294/86.

171 A.D.3d 564 (2019)

98 N.Y.S.3d 195

2019 NY Slip Op 02961

In the Matter of Liquidation of Midland Insurance Company. The ASARCO Asbestos Personal Injury Settlement Trust, Respondent, v. Superintendent of Financial Services of the State of New York, in Her Capacity as Liquidator of Midland Insurance Company, Appellant.

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

Decided April 18, 2019.


The motion court correctly concluded that losses covered under the insurance policies at issue as a result of asbestos exposure that occurred over the course of multiple successive policy periods must be allocated pursuant to the "all sums" method, as generally required, rather than pro rata across the successive policies (see Matter of Viking Pump, Inc., 27 N.Y.3d 244, 260-261 [2016]). This Court has determined that the language...

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