CAMPBELL SOUP CO. v. LIBERTY MUT. INS.


239 N.J. Super. 488 (1988)

571 A.2d 1013

CAMPBELL SOUP COMPANY, CAMPBELL SOUP (TEXAS) INC., PLAINTIFFS, v. LIBERTY MUTUAL INSURANCE COMPANY; THE HOME INSURANCE COMPANY; AMERICAN HOME ASSURANCE COMPANY; AFFILIATED FM INSURANCE COMPANY; CALIFORNIA UNION INSURANCE COMPANY; PRUDENTIAL REINSURANCE COMPANY; EMPLOYER'S MUTUAL INSURANCE COMPANY; GRANITE STATE INSURANCE COMPANY; GIBRALTAR CASUALTY COMPANY; AIU INSURANCE COMPANY; NATIONAL UNION FIRE INSURANCE COMPANY; ROYAL INDEMNITY COMPANY; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; NEW ENGLAND INSURANCE COMPANY; CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, AND LONDON MARKET COMPANIES; ALLIANZ INSURANCE COMPANY; NORTH RIVER INSURANCE COMPANY; FIREMAN'S FUND INDEMNITY CORPORATION; PACIFIC EMPLOYERS INSURANCE COMPANY; AMERICAN CENTENNIAL INSURANCE COMPANY; CENTENNIAL INSURANCE COMPANY; FEDERAL INSURANCE COMPANY; AMERICAN EXCESS INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Camden County.

August 5, 1988.


Attorney(s) appearing for the Case

George F. Kugler, Jr. (Archer & Greiner, attorneys) and Jerold Oshinsky (Anderson, Baker, Kill & Olick, attorneys) for plaintiffs.

Burchard V. Martin for defendant Liberty Mutual Insurance Company (Martin, Crawshaw & Mayfield, attorneys).

Thomas B. O'Brien, Jr. and Richard M. Shusterman for defendants California Union Insurance Company and Pacific Employers Insurance Company (White & Williams, attorneys).

William J. Brennan, III for defendant Home Insurance Company (Smith, Stratton, Wise, Heher & Brennan, attorneys).

Timothy J. Galanaugh for defendants New England Insurance Company and Allianz Insurance Company (Murphy & O'Connor, attorneys).

Kenneth R. Rothschild for defendant, Granite State Insurance Co. (Goldner, Lintner & Rothschild, attorneys).

Mark Soifer for defendants Gibraltar Casualty Company and Prudential Reinsurance Company (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys).

James L. McKenna for defendant North River Insurance Company (Deasey, Mahoney & Bender, attorneys).

Robert J. Brown for defendant Employer's Mutual Insurance Company (Chalos, English & Brown, attorneys).

Gerald T. Ford for defendant American Excess Insurance Company (Siff, Rosen & Parker, attorneys).

Barry D. Cohen for defendant Insurance Company of the State of Pennsylvania (Cooper, Perskie, April, Niedelman & Wagenheim, attorneys).

William A. Garrigle for defendant Centennial Insurance Company (Garrigle, Chierici, Palm & Wright, attorneys).

Bruce E. Helies for defendants American Home Assurance Company and National Union Fire Insurance Company (Wolff, Helies & Duggan, attorneys).

Arthur L. Shanker for defendant American Centennial Insurance Company (Weiner, Ostrager, Fieldman & Zucker, attorneys).

William H. Donahue for defendant Federal Insurance Company (Rawle & Henderson, attorneys).

John A. Fratto for defendant Royal Indemnity Company (Fratto, Alessi, Abbott & Fitchett, attorneys).

Brian C. Matthews for defendant Affiliated FM Insurance Company (Tompkins, McGuire & Wachenfeld, attorneys).

Arthur Montano for defendant Youell, Walbrook Insurance Co. (Montano, Summers, Mullen, Manuel & Owens, attorneys).

Jay H. Greenblatt for defendant Firemen's Fund Indemnity Corporation (Greenblatt & Reisenburger, attorneys).

Ralph A. DeSevo for defendant AIU Insurance Company (DeSevo, Cerutti & Lombardi, attorneys).


LOWENGRUB, P.J. Ch.

The narrow issue to be resolved by this court is whether a reasonable cause determination, hereinafter referred to as the RCD, issued May 6, 1986, by the Equal Employment Opportunity Commission (EEOC) compels defendants, pursuant to the terms of their liability policies, to defend plaintiff in the proceedings conducted by the EEOC in response to charges of discriminatory hiring and employment practices...

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