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GENERAL ACC. INS. CO. v. STATE, DEPT. OF ENVIRON.

143 N.J. 462 (1996)

672 A.2d 1154

GENERAL ACCIDENT INSURANCE CO. OF AMERICA, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND JOHN DOE INSURANCE COMPANIES 1 THROUGH 20, DEFENDANTS, AND N.B. FAIRCLOUGH & SON, INC., DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. HARTFORD INSURANCE COMPANY, INTERSTATE FIRE INSURANCE COMPANY AND CHICAGO INSURANCE COMPANY; MISSION INSURANCE COMPANY; NATIONAL GRANGE MUTUAL INSURANCE COMPANY; NATIONAL UNION INSURANCE COMPANY; NORTHBROOK INSURANCE COMPANY; RELIANCE INSURANCE COMPANY; AND SELECTIVE INSURANCE COMPANY, THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Michael H. Cohen argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

James P. Fox argued the cause for respondent (Morris, Downing & Sherred, attorneys).

Gerald A. Hughes submitted a brief on behalf of amicus curiae, Insurance Environmental Litigation Association (Hughes & Hendrix, attorneys).

The opinion of the Court was delivered by O'HERN, J.

"In the arena of environmental insurance law, it sometimes appears that just as soon as one issue of importance is resolved, like Hydra, the many-headed serpent in Greek mythology, at least two new issues arise to replace it." Jeffrey L. Fillerup & Dominic S. Nesbitt, The Duty to Defend: Post-Montrose Issues, 718 PLI/Comm. 49 (PLI Commercial Law and Practice...

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