New York Court of Appeals

Consolidated Edison Company of New York, Inc., Appellant v. Allstate Insurance Company, Respondents. (And a…

May 2, 200298 N.Y.2d 208

Summary

The New York Court of Appeals affirmed the Appellate Division's rulings that the insured, Consolidated Edison, bears the burden of proving that the environmental damage was caused by an "accident" or "occurrence" under its policies, and that liability among the multiple successive insurers should be prorated rather than applied jointly and severally.