In a column written in this space almost three years ago (see Dachs, N. and Dachs, J., “The Importance of the Noncumulation Clause,” NYLJ, July 9, 2013), we observed that “There have, in recent years, been several cases dealing with exposure to physical conditions, such as lead paint, asbestos or pollutants, over extended periods of time, and the issue of whether one, or more than one, coverage limit was or could be applicable under the particular circumstances.” We further noted that “the results in these cases are highly dependent upon the specific language of the policies at issue” and made specific reference to the existence or non-existence of non-cumulation or anti-stacking clauses as a critical, often determinative, factor.

Indeed, after discussing a number of then-recent cases, including several that had been decided by the Court of Appeals,1 we concluded that “This line of cases provides yet another fine example of the vital importance of carefully examining and reading the policy. As the court aptly put it in Roman Catholic Diocese [of Brooklyn v. National Union,] [note 1], ‘[i]n determining a dispute over insurance coverage, we first look to the language of the policy.’ Whether a specific policy provision, such as a noncumulation clause, is in or out of a policy can make all the difference in the world.”

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