N.Y. Court Affirms Denial of Summary Judgment to Insurers

NEW YORK –– A New York appellate court has upheld a denial of summary judgment to a group of insurers that had attempted to argue that thousands of underlying asbestos claims constituted a separate occurrence under issued insurance policies. Mt. McKinley Insurance Co., et al. v. Corning Inc., et al., No. 602454/02 (N.Y. Sup. Ct., App. Div., 1st Dept.).

In the June 7 ruling, the 1st Department Appellate Division of the New York Supreme Court acknowledged, however, that at this stage the record is not fully developed enough to determine the grouping of the underlying claims.

The insurers allegedly …