Insurance Policy Definition Regarding Exposure to Asbestos in New York

Appalachian Ins. Co. v. General Elec. Co. (Sup Ct, NY County, April 7, 2003, Gammerman, J., Index No. 122807/96], affd 19 AD3d 198, 796 N.Y.S.2d 609 [1st Dept 2005], affd 8 NY3d 162, 863 N.E.2d 994, 831 N.Y.S.2d 742 [2007]) involved numerous asbestos claims filed against General Electric Co. (GE), alleging bodily injury as a result of exposure to asbestos used to insulate GE's power turbines. The exposures covered a span of many years, and involved numerous job sites. The Appalachian policy definition of occurrence was "an accident, event, happening, or continuous or repeated exposure to conditions which unintentionally results in injury or damage during the policy period " (id. at 9).