The New York Supreme Court, Appellate Division, First Department, ruled that a lower court made errors in jury instructions in a long-running pollution coverage dispute between Chubb Ltd. and Brooklyn Union Gas Co. The court decided that these faulty instructions might have led the jury to mistakenly believe that Brooklyn Union timely notified Chubb of the costs related to cleanup efforts mandated by federal and state regulations. The ruling emphasizes the importance of accurately presenting critical issues to the jury, and it sets the stage for further litigation surrounding liability and notification processes in insurance disputes.
The New York Supreme Court, Appellate Division, First Department has ordered a new trial in a pollution coverage dispute, citing faulty jury instructions.
The appellate court found that the jury may have incorrectly concluded that Brooklyn Union Gas Co. provided timely notice to its insurer regarding cleanup costs.
Key issues concerning the obligations of the insurer and the actions of Brooklyn Union Gas Co. in notifying the insurer of cleanup requirements are central to the case.
The trial court's failure to present critical questions to the jury regarding the timely notice and its implications on the case necessitated the order for a new trial.
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