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GENERAL ACC. INS. CO. v. STATE

278 N.J. Super. 412 (1995)

651 A.2d 472

GENERAL ACCIDENT INSURANCE CO. OF AMERICA, PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND JOHN DOE INSURANCE COMPANIES 1 THROUGH 20, DEFENDANTS. N.B. FAIRCLOUGH & SON, INC., DEFENDANT-APPELLANT, v. HARTFORD INSURANCE COMPANY; INTERSTATE FIRE INSURANCE COMPANY AND CHICAGO INSURANCE COMPANY; MISSION INSURANCE COMPANY; NATIONAL GRANGE MUTUAL INSURANCE COMPANY; NATIONAL UNION INSURANCE COMPANY; NORTHBROOK INSURANCE COMPANY; RELIANCE INSURANCE COMPANY; AND SELECTIVE INSURANCE COMPANY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1995.

Attorney(s) appearing for the Case

James P. Fox argued the cause for appellant (Morris, Downing & Sherred, attorneys; Mr. Fox on the brief).

Michael H. Cohen argued the cause for respondent (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Cohen of counsel and on the brief, Michael A. Dolich, Heidi P. Rubin Cohen on the brief).

Before Judges PRESSLER, CONLEY and NEWMAN.

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

In February 1974 an act of vandalism caused a spill of approximately 1,300 gallons of No. 2 fuel oil from a tank truck located on the premises of defendant N.B. Fairclough and Son (N.B.) where it operated a fuel storage business. Plaintiff General Accident Insurance Company (General Accident) provided commercial general liability and automobile insurance policies to N.B. for the period of December 31, 1972 to...

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