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JOHNSON & JOHNSON v. AETNA CAS.

285 N.J. Super. 575 (1995)

667 A.2d 1087

JOHNSON & JOHNSON AND ORTHO PHARMACEUTICAL CORPORATION, PLAINTIFFS-APPELLANTS, v. AETNA CASUALTY AND SURETY COMPANY, THE NORTH RIVER INSURANCE COMPANY, NORTHBROOK INSURANCE COMPANY AND CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, DEFENDANTS-RESPONDENTS, AND MUTUAL FIRE, MARINE AND INLAND INSURANCE COMPANY AND MISSION INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1995.

Attorney(s) appearing for the Case

Robert E. Christiansen argued the cause for appellants (Office of the General Counsel, attorneys; Patterson, Belknap, Webb & Tyler, of counsel; Mr. Christiansen on the briefs).

Michael B. Oropollo argued the cause for respondent Aetna Casualty & Surety Company (Harwood Lloyd, attorneys; Mr. Oropollo, of counsel and on the joint brief).

Bruce A. Tritsch argued the cause for respondent Northbrook Insurance Company (Feinberg & Tritsch, attorneys; Mr. Tritsch, of counsel and on the joint brief).

George Gerard Campion argued the cause for respondent North River Insurance Company (Tompkins, McGuire & Wachenfeld, attorneys; William B. McGuire, of counsel; Mr. Campion on the joint brief).

Paul R. Koepff argued the cause for respondent Central National Insurance Company of Omaha (Ruggerio & Leodori, attorneys; Mr. Koepff and Daren S. McNally, of counsel and on the brief).

Before Judges HAVEY, D'ANNUNZIO and BRAITHWAITE.

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

The question before us is whether excess liability policies issued by defendants to plaintiffs Johnson & Johnson (J & J) and Ortho Pharmaceutical Corporation (Ortho) afford coverage for punitive damage awards suffered by plaintiffs in two failure-to-warn, product liability actions. We conclude that the awards are not covered by the policies, since affording coverage on these facts would run counter...

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