NEW YORK
New York Law Journal
Roman Catholic Diocese of Brooklyn, &c., Appellants v. National Union Fire Insurance Company of Pittsburgh, PA., &c., Respondent, et al., Defendant, No. 69
New York State Court of Appeals
Civil Practice / Contracts / Insurance Law / Torts
New York Law Journal May 8, 2013
Opinion by Judge Rivera. Judges Read and Pigott concur. Judge Smith concurs in result in an opinion. Judge Graffeo concurs in part and dissents in part in an opinion. Chief Judge Lippman took no part.
Decided May 7, 2013
David B. Hamm, for appellants.
Barbara I. Michaelides, for respondent.
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JENNY RIVERA, J.:
This insurance coverage dispute involves the apportionment of liability for a settlement between the Roman Catholic Diocese of Brooklyn (the Diocese), and a minor plaintiff in an underlying civil action charging sexual molestation by a priest. We agree with the Appellate Division that the incidents of sexual abuse constituted multiple occurrences, and that any
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potential liability should be apportioned among the several insurance policies, pro rata. We therefore affirm.
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