Senior Judge McAvoy of the Northern District of New York granted our motion for summary judgment and dismissed plaintiff insurer’s complaint against our client, Vermont Mutual Insurance Company. This case involved a dispute over coverage for an approximately $800,000 verdict in an underlying lead paint case against the mutually insured landlord. The plaintiff excess insurer alleged that our client, the primary insurer, was liable for the full sum of verdict against the mutual insured because the underlying infant plaintiff was allegedly exposed to lead during three of our client’s policy periods. We successfully argued that our client’s occurrence language and non-cumulation clause unambiguously limited its liability to a single policy – roughly one-third of the verdict. The Court also agreed with our argument that the excess insurer was liable for all pre-judgment interest and ordered the plaintiff to reimburse all interest paid. Michael A. Miranda and Michael T. Cataldo worked on the case for MSSSV.
MSSSV Wins Coverage Dispute based on Clear Non-Cumulation Clause
