Partner Jay Konkel commented in a Law360 article on a recent New York state court verdict in favor of a former operator of three manufactured gas facilities in a coverage dispute over discharges into the Gowanus Canal.
Jay noted that Brooklyn Union’s stance was bolstered by a February 17 ruling denying Century Indemnity Insurance Co.’s motion in limine seeking to preclude argument and evidence that the company did not expect or intend the specific type of property damage it is liable to clean up today. The ruling, Jay elaborated, allowed key expert testimony to be considered, and resulted in a key framing of the issue of what constitutes an "accident" under the policies, which the jury had to resolve.