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RUTGERS v. LIBERTY MUT. INS. CO.

277 N.J. Super. 571 (1994)

649 A.2d 1362

RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LIBERTY MUTUAL INSURANCE CO., DEFENDANT-APPELLANT, v. CENTENNIAL INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY, INC., AMERICAN INSURANCE COMPANY, TRANS-AMERICA INSURANCE COMPANY, AETNA CASUALTY & SURETY CO., INSURANCE COMPANY OF NORTH AMERICA, HIGHLANDS INSURANCE CO., FEDERAL INSURANCE CO., AND NATIONAL FIRE INSURANCE CO., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Thomas F. Quinn argued the cause for appellant (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. Quinn and Ann T. Schmidtberger, on the brief).

Robert D. Chesler argued the cause for respondent, Rutgers, The State University of New Jersey (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Gregory B. Reilly and Mr. Chesler, of counsel; Gregory B. Reilly, Mr. Chesler and Joyce A. Davis, on the brief).

Kevin E. Wolff argued the cause for respondent, Centennial Insurance Company (McElroy, Deutsch & Mulvaney, attorneys; Mr. Wolff and Tracey L. Matura, on the brief).

Before Judges MICHELS, STERN and KEEFE.

The opinion of the court was delivered by KEEFE, J.A.D.

We granted Liberty Mutual Insurance Co.'s (Liberty) motion for leave to appeal from the entry of an order for partial summary judgment requiring Liberty to indemnify Rutgers, The State University of New Jersey (Rutgers) for defense costs already incurred and to be incurred by Rutgers in connection with ongoing environmental litigation. We now reverse the judgment under review and remand the matter for further...

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