Jury Must Consider Pro Rata Allocation at Upcoming Pollution Coverage Trial, N.Y. Court Rules

NEW YORK — A New York trial court has barred Century Indemnity Co. from presenting evidence at an upcoming pollution coverage trial that its policies required Brooklyn Union Gas Co. to give notice to the insurer as soon as it was reasonably likely that it would be required to incur environmental remediation costs exceeding the attachment point of the policies.

In a Feb. 2 order, the New York County Supreme Court explained that “the jury's determination about when Brooklyn Union became required to provide Century with notice of an occurrence must consider the effect of pro rata allocation.”

The dispute …