Court of Appeals of New York

In this case, members of different families were successively exposed to lead paint in the same apartment. Plaintiffs brought the present action against defendant insurance company to recover from a separate and additional policy limit. Judgment in favor of defendant is affirmed, where: 1) the injuries resulted from continuous or repeated exposure to the same general conditions, such that the injuries were only one "accidental loss" within the meaning of the policy; and 2) given the existence of a noncumulation clause nearly identical to that found in Hiraldo v. Allstate Ins. Co., the insurer's maximum total liability is only one policy limit.

Appellate Information

• Decided 11/25/2014
• Published 11/25/2014

Judges

• Smith

Court

• Court of Appeals of New York

Counsel