CAMPBELL SOUP COMPANY, CAMPBELL SOUP (TEXAS) INC., PLAINTIFFS-APPELLANTS,
v.
LIBERTY MUTUAL INSURANCE COMPANY; THE HOME INSURANCE COMPANY; AMERICAN HOME INSURANCE 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 CO.; 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 CORP.; PACIFIC EMPLOYERS INSURANCE CO.; AMERICAN CENTENNIAL INSURANCE CO.; CENTENNIAL INSURANCE COMPANY; FEDERAL INSURANCE COMPANY; AND AMERICAN EXCESS INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 23, 1989.
Decided January 18, 1990.
Attorney(s) appearing for the Case
George F. Kugler, Jr. argued the cause for appellants (Archer & Greiner and Anderson, Baker, Kill & Olick, attorneys; Murray D. Sacks, of the Washington D.C. Bar, admitted pro hac vice, of counsel; George F. Kugler Jr. and Jerold Oshinsky on the briefs).
Burchard V. Martin argued the cause for respondent Liberty Mutual Insurance Company (Martin, Crawshaw & Mayfield, attorneys; Burchard V. Martin and Michael J. O'Mara on the brief).
Guy A. Cellucci argued the cause for respondents California Union Insurance Company and Pacific Employers Insurance Company (White and Williams, attorneys; Richard M. Shusterman, of counsel; Guy A. Cellucci, Regina B. Mapes and Thomas B. O'Brien, Jr., on the brief).
Horn, Kaplan, Goldberg, Gorny and Daniels, attorneys for respondents Gibraltar Casualty Company and Prudential Reinsurance Company (Mark Soifer and Nicholas L. Paone on the brief).
Wolff, Helies & Duggan, attorneys for respondent National Union Fire Insurance Company (Patricia M. Daley on the brief).
Wiley, Rein & Fielding of Washington D.C., admitted pro hac vice, and Hughes, Hendrix & Wallace, attorneys for amicus curiae American Insurance Association (Thomas W. Brunner, Laura A. Foggan and Frederick S. Ansell of counsel; Gerald A. Hughes and Henry A. Carpenter, II, on the brief).
Respondents Affiliated FM Insurance Company, Employer's Mutual Insurance Company, Granite Insurance Company, AIU Insurance Company, Royal Indemnity Company, New England Insurance Company, Allianz Insurance Company, American Centennial Insurance Co., Federal Insurance Company and American Excess Insurance Company join in the brief submitted by respondent California Insurance Company.
The remaining respondents did not file briefs.
Before Judges O'BRIEN, HAVEY and STERN.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
Plaintiffs Campbell Soup Company and Campbell Soup (Texas) Inc., appeal from orders for summary judgment in favor of defendants, 22 insurance companies. In their complaint, plaintiffs seek a declaratory judgment that defendants, under the provisions of their general liability and excess coverage policies, must defend and indemnify plaintiffs against a discrimination claim pending before the Equal Employment Opportunity Commission (EEOC).
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