NY's New Test For Unifying Disparate Claimants' Injuries
March 25, 2013, 12:52 PM EDT
Law360, New York (March 25, 2013, 12:52 PM EDT) -- In Nesmith et al. v. Allstate Insurance Co., No. 1252 CA 12-00182 N.Y. App. Div. 4th Dept., 2013 N.Y. App Div., the New York Supreme Court’s Appellate Division, Fourth Department, applying New York law, reversed a trial court’s order and held that Allstate was liable for only a single occurrence limit of $500,000 for separate claims of exposure to lead paint made by children from different families who lived in the same apartment nearly a year apart.
Allstate issued its policy in 1991 to Tony Wilson, the apartment building owner....