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PRINCETON TRUSTEES v. AETNA CAS.

293 N.J. Super. 296 (1996)

680 A.2d 783

THE TRUSTEES OF PRINCETON UNIVERSITY, A NOT-FOR-PROFIT EDUCATIONAL CORP. OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. AETNA CASUALTY & SURETY COMPANY, DEFENDANT, AND CENTENNIAL INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, AND NORTH RIVER INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 14, 1996.

Attorney(s) appearing for the Case

Edward Tessler argued the cause for appellant (Anderson Kill Olick & Oshinsky, attorneys; Mr. Tessler and Elizabeth A. Sherwin, on the brief).

Susan Dignam Colatsky argued the cause for respondent Insurance Company of North America (White and Williams, attorneys; Ms. Colatsky and John J. Lawson, on the brief).

No brief filed on behalf of respondents North River Insurance Company and Centennial Insurance Company.

Before Judges KING, LANDAU and KLEINER.

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

I.

This case presents a claim that a liability insurance company must, upon the demand of the insured, defend an environmental damage claim, if the insured waives in advance any potential conflict of interest. We decline to rule that an insured may unilaterally compel the insurer to provide a defense in the circumstance. If, of course, the insured prevails...

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