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SOLVENTS RECOVERY SERVICE OF NEW ENGLAND v. MIDLAND INS. CO.

218 N.J. Super. 49 (1987)

526 A.2d 1112

SOLVENTS RECOVERY SERVICE OF NEW ENGLAND, ET AL., PLAINTIFFS, v. MIDLAND INSURANCE COMPANY, ET AL., DEFENDANTS, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA., PLAINTIFFS, v. THE HOME INDEMNITY COMPANY, DEFENDANT/DEFENDANT-APPELLANT ON THE CROSSCLAIM, SOLVENTS RECOVERY SERVICE OF NEW JERSEY, INC., AND SOLVENTS RECOVERY SERVICE OF NEW ENGLAND, INC., DEFENDANTS/PLAINTIFFS-RESPONDENTS ON THE CROSSCLAIM.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1987.

Attorney(s) appearing for the Case

Michael J. Frank argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Henry G. Morgan, of counsel; Michael J. Frank, on the brief).

Robert D. Chesler argued the cause for respondents (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Robert D. Chesler, of counsel and on the brief).

Before Judges DREIER, SHEBELL and STERN.

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

Appellant, Home Indemnity Company ("Home"), appeals on leave granted from a decision of the Law Division striking certain of its defenses to a crossclaim for declaratory judgment brought by plaintiff, Solvents Recovery Service of New England, Inc., and Solvents Recovery Service of New Jersey, Inc. ("Solvents").

The January 5, 1987 order appealed from...

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