HNRK Coverage Corner

On December 29, 2020, Justice Masley of the New York County Commercial Division issued a decision in Certain Underwriters at Lloyd's London v. NL Indus., Inc., 2020 NY Slip Op 34331(U), denying CGL carriers’ motions for summary judgment, despite a final judgment in the underlying action holding the insured liable for “intentionally and affirmatively promoting lead paint for interior residential use with actual knowledge of the public health hazard that it would create.”

The coverage dispute in NL Industries involved some “320 insurance policies spanning over 70 ...