SUMMIT ASSOC. v. LIBERTY MUT. FIRE INS.


229 N.J. Super. 56 (1988)

550 A.2d 1235

SUMMIT ASSOCIATES, INC., PLAINTIFF-RESPONDENT, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 1988.


Attorney(s) appearing for the Case

Schwartz & Andolino, attorney for appellant (Martha J. Koster, of the Massachusetts bar, admitted pro hac vice for Gaston Snow & Ely Bartlett, attorneys).

Kimmelman, Wolff & Samson, attorneys for respondent (Dennis M. Toft and Judith I. Goldberg, on the brief).

Smith, Stratton, Wise, Heher & Brennan, filed a brief amicus curiae for Insurance Environmental Litigation Association (William J. Brennan, III, on the brief; Piper & Marbury, of counsel; Thomas W. Brunner, Laura A. Foggan and Marilyn E. Kerst, on the brief).

Ronca, McDonald & Hanley filed a brief amicus curiae for Claude James Ayliffe, and Underwriter at Lloyd's, London (William J. Hanley, Robert J. Kovacs; Mendes & Mount, of counsel; John G. McAndrews and Henry Lee, on the brief).

Lowenstein, Sandler, Kohl, Fisher & Boylan filed a brief amicus curiae for AT & T Technologies, Inc., Armstrong World Industries, Inc., Chemical Manufacturers Ass'n, E.I. Dupont DeNemours & Company, International Business Machines Corporation, Olin Corporation and Richardson-Vicks, Inc; Kirkpatrick & Lockhart, attorneys for Westinghouse Electric Corp. (Covington & Burling, of counsel; Richard D. Wilkinson, on the brief).

Before Judges FURMAN, LONG and SCALERA.


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

This appeal involves the interpretation of language contained in a comprehensive liability insurance policy issued by defendant Liberty Mutual Fire Insurance Company (Liberty) insuring the property of plaintiff Summit Associates, Inc. (Summit). The case began when Summit filed a complaint against Liberty seeking reimbursement for the sums it was required to pay...

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