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MILLENNIUM LLC v. GLIDDEN CO.

No. 38

27 N.Y.3d 406 (2016)

53 N.E.3d 723

33 N.Y.S.3d 846

2016 NY Slip Op 03543

MILLENNIUM HOLDINGS LLC, Plaintiff, THE NORTHERN ASSURANCE COMPANY OF AMERICA, Appellant, and CERTAIN UNDERWRITERS AT LLOYD'S et al., Intervenors-Appellants, v. THE GLIDDEN COMPANY, Now Known as AKZO NOBEL PAINTS LLC, et al., Respondents.

Court of Appeals of New York.

Decided May 5, 2016.

Attorney(s) appearing for the Case

Zuckerman Spaeder LLP, Washington, D.C. (Carl S. Kravitz and Jason M. Knott, of the District of Columbia bar, admitted pro hac vice, of counsel), and Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York City (Jamie B.W. Stecher and George F. du Pont of counsel), for appellant and intervenors-appellants.

Debevoise & Plimpton LLP, New York City (Maura K. Monaghan and James B. Amler of counsel), for respondents.

Anderson Kill P.C., New York City (William G. Passannante and John M. Leonard of counsel), and Amy Bach, United Policyholders, San Francisco, California, for United Policyholders, amicus curiae.

Melito & Adolfsen PC, New York City (S. Dwight Stephens of counsel), and Wiley Rein LLP, Washington, D.C. (Laura A. Foggan and Edward R. Brown of counsel), for Complex Insurance Claims Litigation Association, amicus curiae.

Chief Judge DiFIORE and Judges PIGOTT, RIVERA, STEIN and FAHEY concur; Judge GARCIA taking no part.

OPINION OF THE COURT

In this action, appellant insurance companies seek to be subrogated to the right of their insured, plaintiff Millennium Holdings LLC, to indemnification against respondents, the Glidden Company, now known as Akzo Nobel Paints LLC, following the insurance companies' satisfaction of Millennium's obligations...

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