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KeySpan Gas East Coporation v. Munich Reinsurance America, Inc., 110

In an insurance coverage dispute, in which plaintiff seeks a declaration that defendant-insurers have a duty to defend and indemnify plaintiff for liabilities associated with the investigation and remediation of environmental damage at manufactured gas plant (MGP) sites formerly owned or operated by plaintiff Long Island Lighting Company (LILCO): 1) the Appellate Division erred when it held that defendants had a duty to disclaim coverage "as soon as reasonably possible" after they learned that LILCO's notice was untimely under the policies; 2) the environmental contamination claims at issue in this case do not fall within the scope of N.Y. Insurance Law section 3420(d)(2); and 3) the Appellate Division must determine whether the evidence supporting this defense is sufficient to defeat defendants' motion for summary judgment based on LILCO's failure, as a matter of law, to give timely notice under the policies.

Appellate Information

  • Decided 06/10/2014
  • Published 06/10/2014




  • Court of Appeals of New York


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