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NAV-ITS, INC. v. SELECTIVE INS. CO.

869 A.2d 929 (2005)

183 N.J. 110

NAV-ITS, INC., Plaintiff-Appellant and Cross-Respondent, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided April 7, 2005.

Attorney(s) appearing for the Case

Ellis I. Medoway, Haddonfield, argued the cause for appellant and cross-respondent (Archer & Greiner, attorneys; Mr. Medoway and Arthur H. Jones, Jr., on the briefs).

Gary S. Kull, Basking Ridge, argued the cause for respondent and cross-appellant (Carroll McNulty & Kull, attorneys).

Wendy L. Mager, Princeton, submitted a brief on behalf of amicus curiae Complex Insurance Claims Litigation Association (Smith, Stratton, Wise, Heher & Brennan, attorneys).

Justice WALLACE delivered the opinion of the Court.

This case concerns the applicability of a pollution exclusion provision in a commercial general liability insurance policy. The question presented is whether the exclusion for injuries caused by the "discharge, dispersal, release or escape of pollutants" bars coverage for personal injury allegedly caused by the exposure to toxic fumes that emanated from a floor coating/sealant operation performed by the insured....

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