UNITED STATES BRONZE POWDERS, INCORPORATED, PLAINTIFF-APPELLANT/CROSS-RESPONDENT,
v.
COMMERCE AND INDUSTRY INSURANCE COMPANY, LUMBERMENS MUTUAL CASUALTY COMPANY, FIRST STATE INSURANCE COMPANY, HARTFORD ACCIDENT AND INDEMNITY COMPANY, FEDERAL INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, AND PURITAN INSURANCE COMPANY, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS, AND PROVIDENCE WASHINGTON INSURANCE COMPANY, DEFENDANT-RESPONDENT, AND AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, INTEGRITY INSURANCE COMPANY AND AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 8, 1996.
Decided July 18, 1996.
Attorney(s) appearing for the Case
Stephen M. Offen argued the cause for appellant (Schachter, Trombadore, Offen, Stanton & Pavics, attorneys; Mr. Offen, on the brief).
Karol Corbin Walker argued the cause for respondent/cross-appellant Commerce and Industry Insurance Company (St. John & Wayne, attorneys; Marian S. Hertz, on the joint brief).
Sellar, Richardson, Stuart & Chisholm, and Michael Morrison (Tressler, Soderstrom, Maloney & Priess) of the Illinois bar, admitted pro hac vice, attorneys for respondent/cross-appellant Lumbermens Mutual Casualty Company (Wendy H. Smith, on the joint brief).
John Bowens argued the cause for respondents/cross-appellants Hartford Accident and Indemnity Company and First State Insurance Company (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Mr. Bowens and Donna M. Stephan, on the joint brief).
Suarez & Suarez, attorneys for respondent/cross-appellant Federal Insurance Company (Joseph M. Suarez & Jacqueline F. Cummings, on the joint brief).
Joseph R. McDonough argued the cause for respondent/cross-appellant Insurance Company of North America (Ribis, Graham, & Curtin, attorneys; Paul R. Koepff and Gregory Roer, on the joint brief).
Gebhardt & Kiefer, and Huhnsik Chung (Luce, Forward, Hamilton & Scripps) of the New York bar, admitted pro hac vice, attorneys for respondent/cross-appellant Westport Insurance Corp. (formerly Puritan Insurance Company) (Kimball Ann Lane, on the joint brief).
Clemente, Dickson & Mueller, attorneys for respondent Providence Washington Insurance Company (William F. Mueller, of counsel, and Mr. Mueller and Christina A. Luancing, on the brief).
Before Judges KING, LANDAU and KLEINER.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by LANDAU, J.A.D.
We consider here the appeals by plaintiff United States Bronze Powders, Inc. (U.S. Bronze) from three separate groups of orders affording summary judgments favorable to defendant insurers,1 and resulting in dismissal of its declaratory judgment complaint. U.S. Bronze instituted the declaratory action seeking to establish coverage under a number of general liability policies for cleanup...
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