DIAMOND SHAMROCK CHEMICALS COMPANY, PLAINTIFF-RESPONDENT,
v.
THE AETNA CASUALTY AND SURETY COMPANY, ET AL., DEFENDANTS-APPELLANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 13, 1988.
Decided January 30, 1989.
Attorney(s) appearing for the Case
Stephen D. Cuyler argued the cause for appellants, General Reinsurance Company, et al., in Appeal A-4042-87T1F (Cuyler & Burk, attorneys, and Sheft, Wright & Sweeney, attorneys; Peter Petrou and Stephen D. Cuyler, on the brief).
Allan B. Taylor, of the New York Bar, admitted pro hac vice, argued the cause for appellants The Aetna Casualty and Surety Company, et al., in Appeal A-4043-87T1F (Day, Berry& Howard, attorneys, and Connell, Foley & Geiser, attorneys; Mr. Allen B. Taylor and John B. LaVecchia, on the brief).
Appellants, The AIG Companies, relied on the brief filed on behalf of The Aetna Casualty and Surety Company (Day, Berry & Howard and Connell, Foley & Geiser).
Appellant, Commercial Union Insurance Company, relied on the brief filed on behalf of The Aetna Casualty and Surety Company (Day, Berry & Howard and Connell, Foley & Geiser).
Appellant, Fireman's Fund Insurance Company, relied on the brief filed on behalf of The Aetna Casualty and Surety Company (Day, Berry & Howard and Connell, Foley & Geiser).
Appellant, The Home Insurance Company, relied on brief filed on behalf of The Aetna Casualty and Surety Company (Day, Berry & Howard and Connell, Foley & Geiser).
Appellants, Insurance Company of North America and California Union Insurance Company, relied on the brief filed on behalf of The Aetna Casualty and Surety Company (Day, Berry & Howard and Connell, Foley & Geiser).
Appellants, United States Fire Insurance Company and London Guarantee and Accident Company of New York, relied on the brief filed on behalf of The Aetna Casualty and Surety Company (Day, Berry & Howard and Connell, Foley & Geiser).
Raymond L. Falls, Jr., of the New York Bar, admitted pro hac vice, argued the cause for respondent in both Appeals (Cahill, Gordon & Reindel, attorneys, and Pitney, Hardin, Kipp & Szuch, attorneys; James C. Pitney and Dennis R. LaFiura, on the brief).
William J. Brennan, III, argued the cause for amicus curiae, Insurance Environmental Litigation Association in Appeal A-4043-87T1F (Smith, Stratton, Wise, Heher & Brennan, attorneys, and Wiley, Rein & Fielding, attorneys; William J. Brennan and Wendy L. Mager, on the brief).
Before Judges ANTELL, DREIER and BROCHIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by BROCHIN, J.S.C. (temporarily assigned).
Plaintiff Diamond Shamrock Chemicals Company is a large corporation engaged in the business of manufacturing chemical products for home and industrial use. The defendants are Aetna Casualty and Surety Company and other primary and excess insurers which insured Diamond under comprehensive general liability policies issued between 1951 and 1984. Diamond's complaint seeks a declaration...
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