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SAGENDORF v. SELECTIVE INS. CO.

293 N.J. Super. 81 (1996)

679 A.2d 709

EDWARD P. SAGENDORF, CARMELLA SAGENDORF, ED'S HICKORY TREE SERVICE CENTER, INC., D/B/A GREEN VILLAGE GARAGE, PLAINTIFFS-APPELLANTS, v. SELECTIVE INSURANCE COMPANY OF AMERICA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1996.

Attorney(s) appearing for the Case

Carl R. Woodward, III argued the cause for appellants (Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, attorneys; Mr. Woodward, Walter G. Luger, and Kevin L. Leahy, on the brief).

Martha N. Donovan argued the cause for respondent (Norris, McLaughlin & Marcus, attorneys; Ms. Donovan, on the brief).

Laura Foggan (pro hac vice) of Wiley, Rein & Fielding and Wendy L. Mayer argued the cause amicus curiae for Insurance Environmental Litigation Association (Smith, Stratton, Wise, Heher & Brennan, attorneys; Ms. Foggan, John E. Barry, and Treg A. Julander, of counsel; Ms. Mager, on the amicus curiae brief).

Before Judges SHEBELL, STERN and NEWMAN.

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

Plaintiffs, Edward P. Sagendorf and Carmella Sagendorf, owned a gasoline service station known as Green Village Garage and were insured under three policies issued by defendant, Selective Insurance Company of America (Selective): a comprehensive general liability (CGL) policy; a "garage" policy; and an umbrella policy. In 1985 when plaintiffs were replacing their underground tanks, DEP became involved during...

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