# NY Ct Apportions Lead Paint Settlemt 

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Insurers must contribute to a lead paint liability settlement based on their time on the risk, according to a New York appeals court ruling that applies an apportionment theory previously used in pollution cases to a lead paint case for the first time. 
A four-judge panel of the New York State Supreme Court’s Appellate Division unanimously ruled that New York-based Public Service Mutual Insurance Co. must pay two-thirds of a $390,000 lead paint settlement because its liability policies were in force for two of the three years during which the injury occurred.

The ruling overturned a lower court order that Public Service and the now insolvent First Central Insurance Co. split the settlement evenly.

Sources:
- Business Insurance (http://www.businessinsurance.com/cgi-bin/news.pl?newsId=2309)