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UNION CARBIDE CORP. v. AFFILIATED FM INS. CO.

8718, 600804/04, 8719.

101 A.D.3d 434 (2012)

955 N.Y.S.2d 572

2012 NY Slip Op 8409

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

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

December 6, 2012.

Plaintiff met its burden of establishing that the damages at issue were the result of an "occurrence" and thus that defendant's policy provided coverage (see Consolidated Edison Co. of N.Y. v Allstate Ins. Co., 98 N.Y.2d 208, 220 [2002]). Indeed, the record supports plaintiff's contention that, although it was aware of some risk involved in the utilization of asbestos, at all times relevant to this appeal, it believed that its asbestos...

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