CARRIER CORP. v. ALLSTATE INS. CO.

396 CA 18-02292.

187 A.D.3d 1616 (2020)

133 N.Y.S.3d 697

2020 NY Slip Op 05620

Carrier Corporation et al., Respondents-Appellants, et al., Plaintiff, v. Allstate Insurance Company, Solely as Successor-in-Interest to Northbrook Excess and Surplus Insurance Company, Formerly Known as Northbrook Insurance Company, et al., Defendants, and Fireman's Fund Insurance Company, Appellant-Respondent.

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

Decided October 9, 2020.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying plaintiffs' motion for partial summary judgment seeking a declaration that, as a matter of law, injury-in-fact in an asbestos action occurs from the date of first claimed exposure through death or the filing of suit, thereby triggering each policy in effect from the date of first claimed exposure, and vacating that declaration...

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