CPS CHEMICAL COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY AS SUCCESSOR TO CPS PROCESSING CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, CPS CHEMICAL CORPORATION, A DIVISION OF CHEMICAL & POLLUTION SCIENCES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, CPS RESEARCH CORP., A CORPORATION OF THE STATE OF NEW JERSEY, EDWARD TRUEGER & COMPANY AND CHEMICAL AND POLLUTION SCIENCES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS,
v.
THE CONTINENTAL INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW YORK, UNITED STATES FIDELITY AND GUARANTY COMPANY, A CORPORATION OF THE STATE OF MARYLAND, DEFENDANTS-RESPONDENTS, AND GEORGE S. WHITE & COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, MICHAEL L. RODBURG, ESQ. AND LOWENSTEIN, SANDLER, BROCHIN, KOHL, FISHER, BOYLAN AND MEANOR, A PROFESSIONAL CORPORATION, DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued November 30, 1987.
Decided January 15, 1988.
Attorney(s) appearing for the Case
Michael F. Chazkel argued the cause for appellants (Michael F. Chazkel, attorney, and on the brief).
Charles Thomason argued the cause for respondent Continental Insurance Company (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Charles Thomason on the brief).
David G. Lucas, Jr. argued the cause for respondent United States Fidelity and Guaranty Company (Wolff, Helies & Duggan, attorneys; David G. Lucas, Jr., 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 and Laura A. Foggan on the brief).
Kerby, Cooper, Schaul & Garvin filed a brief amici curiae for Chemical Manufacturers Association, International Business Machines Corporation, Olin Corporation, Owens-Corning Fiberglas Corporation, Richardson-Vicks, Inc., Stauffer Chemical Company and Westinghouse Electric Corporation (Jerry F. English on the brief; Covington & Burling of counsel; Robert N. Sayler, John G. Buchanan, III and William F. Greaney on the brief).
Before Judges PETRELLA, DREIER and BAIME.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by BAIME, J.A.D.
Pursuant to R. 2:2-4, we granted plaintiff CPS Chemical Company's (CPS)1 motion for leave to appeal from a partial summary judgment entered by the Superior Court, Law Division, in favor of defendants United States Fidelity and Guaranty Company (USF & G) and The Continental Insurance Company (Continental). The trial judge held that USF & G and Continental were not required...
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