The following excerpt is from Nat'l Liab. & Fire Ins. Co. v. Itzkowitz, No. 14-3651-cv (2nd Cir. 2015):
We then decide whether the operative incidents are nevertheless part of the same accident by examining whether the incidents share temporal and spatial proximity and are part of the same "causal continuum." Id. at 999. Although New York courts have not applied the unfortunate event test to the fact pattern here, we "construe and apply [New York] law as we believe the state's highest court would." City of Johnstown v. Bankers Standard Ins. Co., 877
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