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UNION CARBIDE CORPORATION v. AFFILIATED FM INSURANCE COMPANY

4461, 600804/04, 4462, 600133/06

68 A.D.3d 534 (2009)

2009 NY Slip Op 9290

891 N.Y.S.2d 347

UNION CARBIDE CORPORATION, Respondent, v. AFFILIATED FM INSURANCE COMPANY et al., Defendants, and CONTINENTAL CASUALTY COMPANY et al., Appellants. UNION CARBIDE CORPORATION, Respondent, v. AFFILIATED FM INSURANCE COMPANY et al., Defendants, and CONTINENTAL CASUALTY COMPANY et al., Appellants.

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

Decided December 15, 2009.

We agree with Judge Martin's analysis in Maryland Cas. Co. v W.R. Grace & Co. (1996 WL 169326, 1996 US Dist LEXIS 4500 [SD NY 1996]), as the relevant terms of the multiyear excess policies are indistinguishable from those in W.R. Grace. A declaration in each multiyear policy specifies a dollar amount as the "limit of liability" under the policy and states that the limit applies to each occurrence and "in the aggregate." The multiyear excess policies in ...

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