No Coverage For Successor Company Under Applicable Illinois Law, N.Y. Panel Says

No Coverage For Successor Company Under Applicable Illinois Law, N.Y. Panel Says

NEW YORK - No coverage is owed to the successor company of an insured for underlying suits alleging injuries caused by exposure to popcorn butter flavoring products because the trial court incorrectly applied New York law rather than Illinois law, which follows a limited de facto merger exception, the First Department New York Supreme Court Appellate Division said Sept. 11 (International Flavors & Fragrances Inc., et al., v St. Paul Protective Insurance Co.,  No. 601723/08, N.Y. Sup., App. Div., 1st Dept.; 2012 N.Y. App. Div. LEXIS 6050).

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