METEX CORPORATION, PLAINTIFF-APPELLANT,
v.
FEDERAL INSURANCE CO., WESTPORT INSURANCE CO. (FORMERLY PURITAN INSURANCE COMPANY), HUDSON INSURANCE CO., CONTINENTAL CASUALTY COMPANY, ERIC RE-INSURANCE, DEFENDANTS-RESPONDENTS, AND NORTH STAR RE-INSURANCE CORPORATION, INSURANCE COMPANY OF NORTH AMERICA, CIGNA PROPERTY & CASUALTY CO., NEW JERSEY MANUFACTURERS INSURANCE CO., THE CAMDEN FIRE INSURANCE ASSOC., GENERAL ACCIDENT INS. CO. OF AMERICA, NORTH RIVER INSURANCE CO., ATLANTA INTERNATIONAL INSURANCE CO., AFFILIATED FM INSURANCE CO., DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 21, 1996.
Decided March 22, 1996.
Motions for Reconsideration April 1, 1996.
Granted April 22, 1996.
Decided April 26, 1996.
Attorney(s) appearing for the Case
Elizabeth A. Sherwin argued the cause for appellant (Anderson, Kill, Olick & Oshinsky, attorneys; Paul E. Breene and Jennifer D. Marell, of counsel; Ms. Sherwin, on the brief).
Thomas E. Hastings argued the cause for respondent Federal Insurance Co. (Smith, Stratton, Wise, Heher & Brennan, attorneys; Mr. Hastings, of counsel and on the joint brief).
Huhnsik Chung (Luce, Forward, Hamilton & Scripps) of the New York bar, admitted pro hac vice; and Golden, Rothschild & Spagnola, attorneys for respondent Westport Insurance Co. (Mr. Chung and William G. McGrath, of counsel and on the joint brief).
Vincent E. Riley argued the cause for respondent Hudson Insurance Co. (McElroy, Deutsch & Mulvaney, attorneys; Samuel J. Samaro, of counsel and on the joint brief).
Cushing O. Condon argued the cause for respondent Continental Casualty Company (Ford, Marrin, Esposito, Witmeyer & Gleser, attorneys; Mr. Condon and Henry G. Burnett, of counsel and on the joint brief).
Scott M. Seaman (Bates, Meckler, Bulger & Tilson) of the Illinois bar, admitted pro hac vice, argued the cause for respondent Eric Re-Insurance (Budd, Larner, Gross, Rosenbaum & Sade, Mr. Seaman and Mary F. Licari (Bates, Meckler, Bulger & Tilson) of the Illinois bar, admitted pro hac vice, attorneys; Carl Greenberg, Phillip J. Duffy, Mr. Seaman and Ms. Licari, of counsel; Ms. Licari on the joint brief).
Deborah T. Poritz, Attorney General, attorney for amicus curiae State of New Jersey, Department of Environmental Protection (Mary C. Jacobson, Assistant Attorney General, of counsel; Karen J. Jordan, Deputy Attorney General, on the brief).
Wiley, Rein & Fielding; and Hughes & Hendrix, attorneys for amicus curiae Insurance Environmental Litigation Association; (Laura A. Foggan, Daniel E. Troy, Stephen D. Goldman, Luis de la Torre, Gerald A. Hughes and Renee Pozzuoli Buecker, of counsel; Mr. Hughes and Ms. Buecker, on the brief).
Before Judges MICHELS, VILLANUEVA and KIMMELMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).
The only question presented in this interlocutory appeal is whether comprehensive general liability policies afford insurance coverage for the costs of cleaning up environmental contamination absent a legal demand or directive from the New Jersey Department of Environmental Protection (DEP) for the cleanup or a claim by a third party.
I.
In...
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