Insured May Argue Century Waived Right to Disclaim Coverage, N.Y. Judge Rules

NEW YORK — A New York judge has refused to bar Brooklyn Union Gas Co. from arguing at an upcoming pollution coverage trial that Century Indemnity Co. waived its right to disclaim coverage after July 2001 on the ground that Brooklyn’s notice of a covered occurrence was untimely.

In a Feb. 4 order, Judge Gerald Lebovits found an appellate ruling issued earlier in the litigation did not preclude a claim that Century waived a late-notice defense by post-2001 conduct.

The dispute concerns whether and to what extent Century, as Brooklyn Union's excess insurer, must cover the costs that Brooklyn …