N.Y. Appellate Court Modifies Judgment in Asbestos-Related Insurance Dispute

ROCHESTER, N.Y. –– A New York appellate court has modified a judgment involving an asbestos-related declaratory action, rejecting efforts by the plaintiffs to obtain partial summary judgment seeking a declaration that injury-in-fact in an asbestos action occurs from the date of first claimed exposure through death or the filing of suit.

In the Oct. 9 order, the New York Supreme Court, Appellate Division, Fourth Judicial Department, vacated that declaration.

Plaintiffs Carrier Corp. and Elliott Co. were once-related companies that faced lawsuits for asbestos-related personal injuries. The plaintiffs filed the underlying declaratory judgment and breach of contract action seeking “declarations of …