BROADWELL REALTY SERVICES, INC. v. FIDELITY & CAS. CO. OF N.Y.


218 N.J. Super. 516 (1987)

528 A.2d 76

BROADWELL REALTY SERVICES, INC., PLAINTIFF-RESPONDENT, v. THE FIDELITY & CASUALTY COMPANY OF NEW YORK, DEFENDANT-APPELLANT, AND GLOBE PETROLEUM, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1987.


Attorney(s) appearing for the Case

Harry V. Osborne, II, argued the cause for appellant (Evans, Osborne, Kreizman & Welch, attorneys; Harry V. Osborne and Charles Lee Thomason, on the brief).

Adrian I. Karp argued the cause for respondent Broadwell Realty Services, Inc.

Elmer M. Matthews, filed a brief amicus curiae for Insurance Environmental Litigation Association (Piper & Marbury, of counsel; Thomas W. Brunner, Laura A. Foggan and John W. Cavilia, on the brief).

Manta & Welge filed a brief amicus curiae for Commercial Union Insurance Company (John C. Sullivan, on the brief; Rivkin, Radler, Dunne & Bayh, of counsel; Jeffrey Silberfeld, John Rivkin and Alan S. Rutkin, on the brief).

Covington & Burling, filed a brief amici curiae for AT & T Technologies, Inc., The Boeing Company, International Business Machines Corporation, Richardson-Vicks, Inc., Stauffer Chemical Company and The Chemical Manufacturers Association (John G. Buchannan, III, Matthew L. Jacobs and John E. Hall, on the brief; Lowenstein, Sandler, Kohl, Fisher & Boylan, of counsel; Robert D. Chesler, on the brief).

Before Judges PRESSLER, GAULKIN and BAIME.


The opinion of the court was delivered by BAIME, J.A.D.

This appeal presents difficult questions concerning the construction of language contained in a comprehensive general liability insurance policy. Under the policy, the insurer's obligation is limited to indemnification of the insured for damage to the property of third persons. Coverage does not include damage to the insured's own property. The policy contains...

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