WESTINGHOUSE v. LIBERTY MUT. INS.


233 N.J. Super. 463 (1989)

559 A.2d 435

WESTINGHOUSE ELECTRIC CORPORATION AND THERMO KING CORPORATION, CORPORATIONS, PLAINTIFFS-APPELLANTS, v. LIBERTY MUTUAL INSURANCE COMPANY, ET AL., DEFENDANTS-RESPONDENTS. WESTINGHOUSE ELECTRIC CORPORATION, A CORPORATION, PLAINTIFF-APPELLANT, v. THE AETNA CASUALTY AND SURETY COMPANY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1989.


Attorney(s) appearing for the Case

Peter J. Kalis argued the cause for appellants Westinghouse Elec. Corp. and Thermo King Corp. (A-4553-87T1F and A-4554-87T1F) (Kirkpatrick & Lockhart and Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Peter J. Kalis, Donald E. Seymour, Lorraine A. Mansour, Thomas M. Reiter, Robert D. Chesler and Michael L. Rodburg, on the brief).

Timothy C. Russell argued the cause for respondent Lumbermens Mut. Cas. Co. (A-4553-87T1F and A-4554-87T1F) (Drinker Biddle & Reath and Sellar, Richardson, Stuart & Chisholm; Timothy C. Russell, Glenn A. Harris, James M. Sweet, James P. Richardson and Wendy H. Smith, on the brief).

Mitchell L. Lathrop argued the cause for respondent Puritan Ins. Co. (A-4553-87T1F and A-4554-87T1F) (Adams, Dugue & Hazeltine, attorneys; Mitchell L. Lathrop, Kimball Ann Lane, Cathy L. Carver and James E. Fitzgerald, joined in the brief of Lumbermens Mut. Cas. Co. in A-4553-87T1F & A-4554-87T1F).

Joseph G. Manta argued the cause for respondent Liberty Mut. Ins. Co. (A-4553-87T1F & A-4554-87T1F) (Manta and Welge, attorneys; Joseph G. Manta and Dorothy E. Carl, of counsel; John C. Sullivan and Mary E. Rugala, on the brief).

Sheft, Wright & Sweeney, attorneys for respondents AIU Ins. Co.; Granite State Ins. Co.; The Ins. Co. of the State of Pa.; Landmark Ins. Co.; Lexington Ins. Co.; Nat. Union Fire Ins. Co. of Pittsburgh, Pa.; American Centennial Ins. Co.; Allianz Ins. Co.; Allianz Underwriters Ins. Co.; American Home Assurance Co. (A-4553-87T1F & A-4554-87T1F), join in the brief of Lumbermens Mut. Cas. Co. in A-4553-87T1F & A-4554-87T1F (Peter I. Sheft and Robin L. Yeager, on the brief).

Before Judges PRESSLER, O'BRIEN and STERN.


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

Plaintiff Westinghouse Electric Corporation appeals, on leave granted, from an order of the Law Division severing a substantial portion of its comprehensive declaratory judgment actions against its liability and property damage insurers and dismissing, on forum non conveniens grounds, all claims for coverage made by it arising out of events which occurred outside of the State of New Jersey. We reverse...

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