ADRON, INC., PLAINTIFF-APPELLANT,
v.
THE HOME INSURANCE COMPANY, FIRST STATE INSURANCE CO., HARTFORD ACCIDENT AND INDEMNITY CO., COLUMBIA CASUALTY COMPANY, AND THE INSURANCE COMPANY OF NORTH AMERICA, DEFENDANTS-RESPONDENTS, AND THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, COMMERCE & INDUSTRY INSURANCE CO., NATIONAL UNION FIRE INSURANCE, BIRMINGHAM FIRE INSURANCE CO., EMPLOYERS INSURANCE OF WAUSAU, NORTH RIVER INSURANCE COMPANY, HIGHLANDS INSURANCE COMPANY, NORTHBROOK PROPERTY AND CASUALTY COMPANY, AND MISSION INSURANCE CO., DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 15, 1996.
Decided July 22, 1996.
Attorney(s) appearing for the Case
Andrew Muscato argued the cause for appellant (Whitman, Breed, Abbott & Morgan, attorneys; Mr. Muscato, John V. Thornton and John M. O'Reilly, on the brief; Mr. Muscato and John V. Thornton, on the reply brief).
Mary Ellen Scalera argued the cause for respondent, The Home Insurance Company (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Ms. Scalera, of counsel, and on the brief; Heidi P. Rubin Cohen, on the brief).
John M. Bowens argued the cause for respondents, First State Insurance Company and Hartford Accident And Indemnity Company (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Mr. Bowens, of counsel, and on the brief; David C. Barry, on the brief).
Paul Leodori argued the cause for respondent, The Insurance Company of North America (Ruggerio, Leodori & Celentano, attorneys; Mr. Leodori, of counsel, and on the brief).
Laura A. Foggan (pro hac vice) of Wiley, Rein & Fielding and Wendy L. Mager argued the cause amicus curiae for Insurance Environmental Litigation Association (Smith, Stratton, Wise, Heher& Brennan, attorneys; Ms. Mager, on the brief; Ms. Foggan, Susan D. Sawtelle and Steven D. Silverman, of counsel).
Before Judges SHEBELL, STERN and NEWMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SHEBELL, P.J.A.D.
Plaintiff, Adron, Inc., a long-time manufacturer of fragrances, caused, commencing in 1960, numerous fifty-five-gallon drums of hazardous material by-product to be buried on its site in East Hanover. Its 1984 sale of the plant triggered the requirements of the Environmental Cleanup Responsibility Act (ECRA) (N.J.S.A. 13:1K-6 to -13) now known as the Industrial Site Recovery Act (ISRA). To consummate...
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