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JOSEPHSON v. CRUM & FORSTER INS.

265 N.J. Super. 230 (1993)

626 A.2d 81

J. JOSEPHSON, INC., PLAINTIFF, v. CRUM & FORSTER INS. CO., FIREMAN'S FUND INS. CO., HARTFORD ACCIDENT & INDEMNITY CO., LUMBERMENS MUTUAL CASUALTY CO., PACIFIC EMPLOYERS INS. CO., AND ZURICH-AMERICAN INS. CO., DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided: April 16, 1993.

Attorney(s) appearing for the Case

Ellis I. Medoway, and Thomas Cinti, on behalf of plaintiff, J. Josephson, Inc. (Archer & Greiner attorneys).

Dennis Smith on behalf of defendant, Crum & Forster Insurance Company (McElroy, Deutsch & Mulvaney attorneys).

Barry A. Kustin, on behalf of defendant, Fireman's Fund Insurance Company (Golden, Rothschild, Spagnola & DiFazio attorneys).

John M. Bowens on behalf of defendant, Hartford Accident & Indemnity Co. (Purcell, Ries, Shannon, Mulcahy & O'Neill attorneys).

Wendy Smith on behalf of defendant, Lumbermens Mutual Casualty Company (Sellar Richardson attorneys).

James A. Pinderski of the Illinois Bar, pro hac vice on behalf of defendant, Lumbermens Mutual Casualty Company (Tressler, Soderstrom, Maloney & Priess attorneys).

Gail Russell on behalf of Pacific Employers Insurance Company (Mudge, Rose, Guthrie, Alexander & Ferdon attorneys).

Peter Petrou on behalf of Zurich-American Insurance Company (Cuyler, Burke & Matthews attorneys).

NAPOLITANO, J.S.C.

I. INTRODUCTION

The plaintiff, J. Josephson, Inc. (Josephson), seeks a declaration of insurance coverage as well as indemnification for costs incurred in connection with the remediation of waste sites and the defense of environmental claims in which Josephson has been named as a potentially responsible party (PRP). Josephson here moves to apply New Jersey law to the interpretation of the pollution

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