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Liquidation of Midland Insurance Company v. Superintendent of Insurance of the State of New York6/1/2000
te the declaration that the Superintendent has failed to meet his burden of proving that the Midland policies need not be exhausted prior to the implication of any subsequent policies containing "Other Insurance" clauses;
Vacate as premature the declaration that the Employers' Liability policy must be exhausted prior to the implication of the Midland policies, and grant LAQ leave to establish that the funds are uncollectible for reasons other than unjustified refusal by Employers' Liability to pay;
Vacate the declaration that LAQ's self-insured retention for all policy periods constitutes "other valid and collectible insurance," as defined in the Midland policies, and declare that Midland's obligations shall be reduced only by the $500,000 self-insured retention recited in the Midland policy;
Vacate the declaration that the Superintendent has failed to meet his burden of proving that the CNA, First State and AHAC policies constitute "Other Insurance," as that term is used in the Midland policy, and declare that to the extent said policies cover the same risk, they constitute "Other Insurance"; and
Vacate the declaration that the Superintendent has failed to meet his burden with regard to policies containing asbestosis exclusions, and direct remand for further review of that issue upon production by LAQ of the policies which Midland contends constitute "Other Insurance," and as so modified, affirmed, without costs.
All concur.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 1, 2000
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