For many, the first Monday of October marks the beginning of a new season of court watching. But we who follow the Appellate Divisions know that precedent-setting decisions are always in season. Below are some of the late summer highlights from the four departments.
First Department
Insurance. In Consolidated Edison v. Allstate,1 the Court of Appeals held that liability for long-term environmental damage could be allocated among insurance policies on a pro rata basis based on an insurer’s time on the risk, rather than each insurer being jointly and severally liable for all damages. Such a pro rata allocation would apportion risk to the policyholder for those periods of time when it chose not to carry adequate insurance. In KeySpan Gas East Corp. v. Munich Reinsurance America,2 a case of first impression for New York’s appellate courts, the First Department held that risk could also be apportioned to the policyholder for periods when it lacked insurance—not by choice—but because insurance coverage was not available in the marketplace.
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