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VANTAGE DEV. v. AMERICAN ENV. TECH.

251 N.J. Super. 516 (1991)

598 A.2d 948

VANTAGE DEVELOPMENT CORP., INC., A NEW JERSEY CORPORATION AND ROCKLEE, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. AMERICAN ENVIRONMENT TECHNOLOGIES CORP., AND PETER MELBER, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided July 18, 1991.

Attorney(s) appearing for the Case

Stephen D. Cuyler, for Selective Insurance Company of America (Cuyler, Burk & Matthews, attorneys; Stephen D. Cuyler and Anne M. Mohan on the briefs).

Bruce D. Nimensky, for Vantage Development Corp., Inc. and Rocklee, Inc. (Berger & Bornstein, attorneys; Bruce D. Nimensky on the briefs).

LAWRENCE D. SMITH, J.S.C.

The primary issue raised in this case addresses the scope and meaning of the so-called "absolute pollution exclusion" which was recently incorporated in general liability policies of insurance. Does that exclusion preclude coverage for remediation expenses incurred to prevent the migration to neighboring properties of oil deposited on an insured's property by a trespasser? For the reasons...

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