The decision rejected Century’s argument against the equal apportionment of Gowanus Canal cleanup costs among the three sites, pointing out that regulators themselves would apportion the costs equally. The court also declined to apply the doctrine of contra proferentem to resolve ambiguity in the per-occurrence limits, citing Brooklyn Union’s sophistication. The company, the court noted, had a large in-house insurance department, handled dozens of claims monthly, self-insured for large amounts, and retained legal and brokerage support.
