MORTON INTERNATIONAL, INC., SUCCESSOR TO MORTON THIOKOL, INC., NOW NAMED THIOKOL CORPORATION, PLAINTIFF-APPELLANT, CROSS-RESPONDENT,
v.
GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, DEFENDANT-RESPONDENT, CROSS-APPELLANT, AND LIBERTY MUTUAL INSURANCE COMPANY, AFFILIATED FM INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY, FIRST STATE INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, UNDERWRITERS AT LLOYDS, LONDON, DEFENDANTS-RESPONDENTS, AND AETNA CASUALTY & SURETY COMPANY, ET AL., DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 30, 1991.
Decided October 2, 1991.
Attorney(s) appearing for the Case
George F. Kugler argued the cause for appellant Morton International Inc. (Archer & Greiner, attorneys; Thomas C. Hill, Taft,Stettinuis & Hollister, of counsel; Edward C. Laird and Deborah H. Simon on the brief).
Elliott Abrutyn, argued the cause for respondent General Accident Insurance Company of America (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Timothy Saia, on the brief).
John G. McAndrews argued the cause for Certain Underwriters at Lloyds and Certain London Market Insurance Companies (Ronca, McDonald & Hanley, attorneys; Mr. McAndrews and Henry Lee, Kathleen B. Browne, Nancy N. Sipp, Mendes & Mount of the New York Bar, of counsel and on the brief).
William S. Wachenfeld argued the cause for defendant-respondent, Affiliated FM Insurance Company (Priestley, McGuirl & Wachenfeld, attorneys; Siff, Rosen & Parker, and DeCotiis & Pinto, attorneys for respondent, First State Insurance Company; Louis G. Adolfsen and James A. Farber, on the joint brief).
Charles W. Miller, III, argued the cause for respondent American Home Assurance Company (Golden, Rothschild, Spagnola & DiFazio, attorneys).
Paul R. Koepff argued the cause for respondent Insurance Company of North America (Mudge, Rose, Guthrie, Alexander & Ferdon, attorneys).
John C. Sullivan argued the cause for respondent Liberty Mutual Insurance Company (Manta and Welge, attorneys).
Smith, Stratton, Wise, Heher & Brennan, counsel for Amicus Curiae Insurance Environmental Litigation Association (Thomas W. Brunner, Marilyn E. Kerst, Carol Barthel, Wiley, Rein & Fielding, of counsel; Wendy L. Mager on the brief).
Haskell & Perrin, and Chasan, Leyner, Tarrant, Loftis & Lamparello, attorneys for respondent Continental Casualty Company (James Kirk Perrin, Daniel P. Caswell, Marsha Kay Ross, of counsel and on the brief).
Before Judges KING, R.S. COHEN and STERN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KING, P.J.A.D.
This case is another episode in a long history of litigation which began in 1976 when the State Department of Environmental Protection (DEP) instituted suit against Ventron Corporation, and others, alleging that a mercury processing facility located on its premises was polluting Berry's Creek in Bergen County. The DEP prevailed and Ventron was held strictly liable...
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