IN RE ENVIRONMENTAL INS. ACTIONS


259 N.J. Super. 308 (1992)

612 A.2d 1338

IN RE ENVIRONMENTAL INSURANCE DECLARATORY JUDGMENT ACTIONS. HM HOLDINGS, INC., THE GLIDDEN COMPANY AND SMITH CORONA CORPORATION, PLAINTIFFS-APPELLANTS, v. LUMBERMENS MUTUAL CASUALTY COMPANY, AMERICAN MOTORISTS INSURANCE COMPANY, CONTINENTAL CASUALTY INSURANCE COMPANY, ZURICH INSURANCE COMPANY, FALCON INSURANCE COMPANY, FORMERLY TITLED EMPLOYERS SURPLUS LINES INSURANCE COMPANY, CERTAIN LLOYD'S UNDERWRITERS AND COMPANIES, INSURANCE COMPANY OF NORTH AMERICA, EMPLOYERS INSURANCE OF WAUSAU A MUTUAL COMPANY, EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, HOME INSURANCE COMPANY, HARTFORD ACCIDENT & INDEMNITY COMPANY, GRANITE STATE INSURANCE COMPANY AND INDUSTRIAL INDEMNITY COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 18, 1992.


Attorney(s) appearing for the Case

Adrienne W. Danforth argued the cause for appellants (Hannoch Weisman, attorneys; John E. Heintz, Adrienne Danforth and Wendy M. Anderson admitted pro hac vice of Howrey & Simon and Kevin J. Bruno and Suzanne Q. Chamberlin on the brief).

John G. McAndrews and John B. LaVecchia argued the cause for respondents (Ronca, McDonald & Hanley and Connell, Foley & Geiser, attorneys; John G. McAndrews and Nancy N. Sipp admitted pro hac vice of Mendes & Mount and Robert J. Kovacs and John B. LaVecchia on the brief).

Pitney, Hardin, Kipp & Szuch submitted a brief on behalf of amicus curiae Ingersoll-Rand Company, General Electric Company as successor in interest to RCA Corporation and Union Carbide Corporation (Donald W. Kiel and Kathy Dutton Helmer on the brief).

Before Judges ANTELL, BAIME and THOMAS.


The opinion of this court was delivered by THOMAS, J.S.C., temporarily assigned.

Plaintiffs appeal, pursuant to leave granted, a trial court's discovery order compelling them to produce materials which they contend are protected by the attorney-client privilege. On various theories, the trial court held the material was not subject to that privilege.

FACTS

Plaintiffs are the subject of numerous claims...

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