AMERICAN WHITE CROSS LABORATORIES, INC. v. CONTINENTAL INS. CO.


202 N.J. Super. 372 (1985)

495 A.2d 152

AMERICAN WHITE CROSS LABORATORIES, INC., A CORPORATION, AND THE NORTH RIVER INSURANCE COMPANY, A CORPORATION, PLAINTIFFS-RESPONDENTS, v. THE CONTINENTAL INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1985.


Attorney(s) appearing for the Case

Tompkins, McGuire & Wachenfeld, attorneys for appellant (William L'E. Wertheimer, of counsel; James T. O'Halloran, on the brief).

Conway & Reiseman, attorneys for respondents (Gerald W. Conway, of counsel and on the brief).

Before Judges McELROY, DREIER and SHEBELL.


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

The question posed by this appeal is whether plaintiffs-respondents, American White Cross Laboratories (American) and its products liability insurer and subrogee, The North River Insurance Company (North River), are entitled to defense costs, counsel fees and indemnification from defendant-appellant, The Continental Insurance Company (Continental), insurer of Absorbent Cotton Company (Absorbent), under a...

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