SANDS v. CIGNA PROPERTY AND CAS. INS. CO.


289 N.J. Super. 344 (1995)

674 A.2d 169

GEORGE H. SANDS AND JEFFREY H. SANDS, PLAINTIFFS-APPELLANTS, v. CIGNA PROPERTY AND CASUALTY INSURANCE COMPANY (FORMERLY KNOWN AS AETNA INSURANCE COMPANY), ATLANTIC EMPLOYERS INSURANCE COMPANY, ATLANTIC MUTUAL INSURANCE COMPANIES, FEDERAL INSURANCE COMPANY, CHUBB INSURANCE COMPANY OF NEW JERSEY, CONTINENTAL LOSS ADJUSTING SERVICE, CRUM & FOSTER COMMERCIAL INSURANCE, FIREMAN'S FUND INSURANCE, MISSION INSURANCE COMPANY, RELIANCE INSURANCE COMPANY, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1995.


Attorney(s) appearing for the Case

Henry N. Portner argued the cause for appellants (Mr. Portner, on the brief).

Guy A. Cellucci argued the cause for respondents (White and Williams, attorneys for respondents Cigna Property and Casualty Insurance Company (formerly known as Aetna Insurance Company) and Atlantic Employers Insurance Company (Mr. Cellucci, Christopher M. Mikson, John J. Lawson, of counsel; Thomas E. Hastings and Grayson Barber of Smith, Stratton, Wise, Heher & Brennan [attorneys for respondents Federal Insurance Company and Chubb Insurance Company of New Jersey], Mary Thurber and Gail M. Burgess of Connolly Epstein Chicco Foxman Englemyer & Ewing [attorneys for respondent Reliance Insurance Company], John Tinker and W. Stephen Leary of Leary, Bridge, Tinker & Moran and Roger Warin and Mindy Kaiden of Steptoe & Johson [attorneys for respondent St. Paul Fire & Marine], on the brief).

McElroy, Deutsch & Mulvaney, attorneys for respondents The North River Insurance Company and Crum & Forster Insurance Company, joined in the brief in opposition to appellants' application for leave to appeal (Robert W. Muilenburg, of counsel).

Before Judges DREIER and VILLANUEVA.


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

Plaintiffs, George Sands and Jeffrey Sands, appeal pursuant to leave granted from a December 2, 1994 order denying plaintiffs' motion for partial summary judgment and granting partial summary judgment in favor of defendant insurance companies. Plaintiffs argue that defendants are obligated to defend them in a federal CERCLA action (Comprehensive Environmental Response, Compensation and Liability Act, 42 U...

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