NL INDUSTRIES, INC. v. COMMERCIAL UNION INS. COS.

Civ. No. 90-2125 (WHW).

938 F.Supp. 248 (1996)

NL INDUSTRIES, INC., Plaintiff, v. COMMERCIAL UNION INS. COS., Defendant. COMMERCIAL UNION INS. COS., Third-Party Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, et al., Third-Party Defendants. NL INDUSTRIES, INC., Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, et al., Third-Party Defendants.

United States District Court, D. New Jersey.

August 13, 1996.


Attorney(s) appearing for the Case

Andrew T. Berry, Kevin J. Connell, McCarter & English, Newark, NJ, for Plaintiff NL Industries, Inc.

William B. McGuire, Tompkins, McGuire & Wachenfeld, Newark, NJ, for Third-Party Defendant Certain Underwriters at Lloyd's.

Mitchell S. Cohen, Mound, Cotton & Wollan, New York City, for Defendant International Insurance Co.

Edward G. D'Alessandro, Jr., D'Alessandro & Jacovino, Florham Park, NJ, for Defendant International Surplus Lines Insurance Co.


OPINION

WALLS, District Judge.

In a previous opinion and order, 926 F.Supp. 1213 (D.N.J.1996), the Court granted all the parties' motions for partial summary judgment on choice of law in part. With regard to the issue of how to interpret the standard pollution-exclusion clause in certain comprehensive general liability ("CGL") contracts (the "`sudden' issue"), it determined that Illinois law applies to a waste site in...

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