AM. EMPLOYERS' INS. v. ELF ATOCHEM


280 N.J. Super. 601 (1995)

656 A.2d 58

AMERICAN EMPLOYERS' INSURANCE COMPANY AND COMMERCIAL UNION INSURANCE COMPANY (AS SUCCESSOR TO CERTAIN OBLIGATIONS OF EMPLOYERS' SURPLUS LINES INSURANCE COMPANY AND EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD.), PLAINTIFFS-APPELLANTS, v. ELF ATOCHEM NORTH AMERICA, INC., PENNWALT CORPORATION AND ITS SUCCESSORS AND ASSIGNS, DEFENDANTS-RESPONDENTS, AND THE TRAVELERS INDEMNITY COMPANY, INTERNATIONAL INSURANCE COMPANY, NORTH RIVER INSURANCE COMPANY, CERTAIN UNDERWRITERS AT LLOYD'S LONDON AND CERTAIN COMPANIES IN THE LONDON INSURANCE MARKET, DEFENDANTS-APPELLANTS, AND THE AETNA CASUALTY AND SURETY COMPANY, ALLIANZ UNDERWRITERS INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, AS SUCCESSOR TO NORTHBROOK EXCESS AND SURPLUS INSURANCE COMPANY, FORMERLY NORTHBROOK INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY, CALIFORNIA UNION INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY, THE CONTINENTAL INSURANCE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY, FEDERAL INSURANCE COMPANY, FIREMAN'S FUND INSURANCE COMPANY, FIRST STATE INSURANCE COMPANY, GRANITE STATE INSURANCE COMPANY, GREAT AMERICAN INSURANCE COMPANY, THE HOME INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, THE NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, NORTH STAR REINSURANCE CORPORATION, ZURICH INSURANCE COMPANY, AND JOHN DOES ONE THROUGH TWO HUNDRED, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1995.


Attorney(s) appearing for the Case

James W. Christie argued the cause for appellant American Employers' Insurance Company (Christie, Pabarue, Mortensen & Young, attorneys; James A.A. Pabarue, Brian C. Vance and Maria E. Matteo, of counsel and on the briefs).

David J. Woll, admitted pro hac vice, argued the cause for appellant The Travelers Indemnity Company (Ribis, Graham & Curtin, attorneys; Barry R. Ostrager, pro hac vice & Mr. Woll, of counsel, Joseph R. McDonough, on the brief).

William McGuire argued the cause for appellant Certain Underwriters at Lloyd's London and Certain Companies in the London Insurance Market (Tompkins, McGuire & Wachenfeld, attorneys; Martin R. Baach, Mark J. Leimkuhler and Susan M. Guindi, on the brief).

Gregory G. Tole argued the cause for appellants International Insurance Company and North River Insurance Company (Robinson, St. John & Wayne, attorneys; Mr. Tole, on the brief).

Eugene R. Anderson argued the cause for respondent Elf Atochem North America, Inc. (Anderson, Kill, Olick & Oshinsky, attorneys; Mr. Anderson, Paul E. Breene and Jean M. Farrell, on the brief).

Before Judges DREIER, WEFING and BRAITHWAITE.


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

Plaintiffs and certain of the defendant insurance companies appeal on leave granted in these consolidated cases from an order dissolving a temporary restraining order and denying a preliminary and permanent injunction prohibiting parallel litigation in Texas. Plaintiffs had instituted a declaratory judgment action in New Jersey against their insured and other...

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