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  5. 149 N.J. 278 (1997)
 

ENVIRONMENTAL INS. DECLARATORY JUDGMENT ACTIONS

149 N.J. 278 (1997)

693 A.2d 844

IN RE ENVIRONMENTAL INSURANCE DECLARATORY JUDGMENT ACTIONS. CIBA-GEIGY CORPORATION, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. LIBERTY MUTUAL INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, ACCIDENT & CASUALTY INSURANCE COMPANY OF WINTERTHUR, ADMIRAL INSURANCE COMPANY, AETNA CASUALTY & SURETY COMPANY, AGRIPPINA VERSICHERUNGS-AKTIENGESELLSCHAFT, AIU INSURANCE COMPANY, ALBA GENERAL INSURANCE COMPANY LTD., ALLIANZ VERSICHERUNGS-AKTIENGESELLSCHAFT, AMERICAN HOME ASSURANCE COMPANY, AMERICAN RE-INSURANCE COMPANY, AMERICAN STAR INSURANCE COMPANY, ANDREW WEIR INSURANCE COMPANY LTD., ANGLO FRENCH INSURANCE COMPANY LTD., ANGLO SAXON INSURANCE COMPANY LTD., ARGONAUT NORTHWEST INSURANCE COMPANY, ASSICURAZIONI GENERALI DI TRIESTE E. VENEZIA S.P.A., BALOISE FIRE INSURANCE COMPANY, THE BALOISE INSURANCE COMPANY OF AMERICA, BELLEFONTE INSURANCE COMPANY, BERCANUS INSURANCE COMPANY LIMITED, BERMUDA FIRE AND MARINE INSURANCE COMPANY LTD., BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, BISHOPSGATE INSURANCE COMPANY LTD., THE BRITISH COMMERCIAL INSURANCE COMPANY LTD., BRITISH NATIONAL LIFE INSURANCE SOCIETY LTD., BRITISH & OVERSEAS INSURANCE COMPANY LTD., BRITTANY INSURANCE COMPANY LTD., BRYANSTON INSURANCE COMPANY LIMITED, CALIFORNIA UNION INSURANCE COMPANY, THE CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, CIA AGRICOLA DE SEGUROS S.A., CITY GENERAL INSURANCE COMPANY LTD., CITIZENS CASUALTY COMPANY OF NEW YORK, CITY INSURANCE COMPANY, CNA REINSURANCE OF LONDON LIMITED, COLONIA VERSICHERUNG AKTIENGESELLSCHAFT, COLUMBIA CASUALTY COMPANY, COMPAGNIE BELGE D'ASSURANCES GENERALES INCENDIE ACCIDENTS ET RISQUES DIVERS, COMPAGNIE EUROPEENNE D'ASSURANCES INDUSTRIELLES S.A., CONTINENTAL CASUALTY COMPANY, DART AND KRAFT INSURANCE COMPANY LTD., DART INSURANCE COMPANY LIMITED, DELTALLOYD NON-LIFE INSURANCE COMPANY LTD., THE DOMINION INSURANCE COMPANY LTD., THE DRAKE INSURANCE COMPANY LTD., ECONOMIC INSURANCE COMPANY LTD., EDINBURGH ASSURANCE COMPANY LTD., EL PASO INSURANCE COMPANY LIMITED, EMPLOYERS MUTUAL CASUALTY INSURANCE COMPANY, ENGLISH AND AMERICAN INSURANCE COMPANY LTD., EURINCO ALLGEMEINE VERSICHERUNGS A.G., EUROPEAN GENERAL REINSURANCE COMPANY LTD., EUROPEAN GENERAL REINSURANCE COMPANY, LTD., OF ZURICH, EXCESS INSURANCE COMPANY LTD., EXCESS MUTUAL REINSURANCE COMPANY, FEDERAL INSURANCE COMPANY, FIDELIDADE INSURANCE COMPANY, THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, FIREMAN'S FUND INSURANCE COMPANY, FIRST STATE INSURANCE COMPANY, GERLING-KONZERN ALLEGEMEINE VERSICHERUNGS-AKTIENGESELLSCHAFT, GIBRALTER CASUALTY COMPANY, GRANITE STATE INSURANCE COMPANY, GREAT AMERICAN INSURANCE COMPANY, GUILDHALL INSURANCE COMPANY LTD., HAFTPFLICHTVERBAND DER DEUTSCHEN INDUSTRIE V.A.G., HARBOR INSURANCE COMPANY, HAWK INSURANCE COMPANY LTD., HELVETIA ACCIDENT SWISS INSURANCE COMPANY LTD., HELVETIA GENERAL INSURANCE COMPANY LTD., HIGHLANDS INSURANCE COMPANY, HOME & OVERSEAS INSURANCE COMPANY, LTD., THE HOME INSURANCE COMPANY, INSCO LTD., INSURANCE COMPANY OF STATE OF PENNSYLVANIA, INTEGRITY INSURANCE COMPANY, INTERSTATE FIRE & CASUALTY COMPANY, LEXINGTON INSURANCE COMPANY, LONDON AND EDINBURGH GENERAL INSURANCE COMPANY, LTD., LONDON AND EDINBURGH INSURANCE CO., LTD. — NOW MERCURY INSURANCE HOLDINGS LTD., THE LONDON & OVERSEAS INSURANCE COMPANY LTD., LOUISVILLE INSURANCE COMPANY LTD., LUDGATE INSURANCE COMPANY LTD., LUMBERMENS MUTUAL CASUALTY COMPANY, MEAD REINSURANCE CORPORATION, THE MERCANTILE AND GENERAL REINSURANCE COMPANY LTD., MIDLAND INSURANCE COMPANY, MINSTER INSURANCE COMPANY LTD., MUTUAL REINSURANCE COMPANY LTD., NATIONAL CASUALTY COMPANY, NATIONAL CASUALTY COMPANY, LTD., NATIONAL CASUALTY COMPANY, (OF DETROIT), NATIONAL CASUALTY COMPANY OF AMERICA LTD., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, NEW ENGLAND INSURANCE COMPANY, NEW LONDON REINSURANCE COMPANY LIMITED, NORTH ATLANTIC INSURANCE COMPANY LIMITED, ORION INSURANCE COMPANY LTD., PACIFIC INSURANCE COMPANY, PINE TOP INSURANCE COMPANY, PRUDENTIAL REINSURANCE COMPANY, PURITAN INSURANCE COMPANY, FOR ITSELF AND AS SUCCESSOR TO THE MANHATTAN FIRE AND MARINE INSURANCE COMPANY BY CHANGE OF NAME, RIVER THAMES INSURANCE COMPANY LTD., REPUBLIC INSURANCE COMPANY, ROYAL INSURANCE COMPANY OF AMERICA, ROYAL SCOTTISH INSURANCE COMPANY LTD., SAFETY MUTUAL CASUALTY CORPORATION, SCOTTISH LION INSURANCE COMPANY LTD., SOUTHERN AMERICAN INSURANCE COMPANY, SOVEREIGN MARINE AND GENERAL INSURANCE COMPANY LTD., THE SPHERE INSURANCE COMPANY LTD., ST. HELEN'S INSURANCE COMPANY LTD., ST. KATHERINE INSURANCE COMPANY LTD., ST. PAUL FIRE AND MARINE INSURANCE COMPANY, STRONGHOLD INSURANCE COMPANY LIMITED, SWISS REINSURANCE COMPANY, SWISS UNION GENERAL INSURANCE COMPANY LTD., SWITZERLAND GENERAL INSURANCE COMPANY LIMITED, TERRA NOVA INSURANCE COMPANY LTD., TRENT INSURANCE COMPANY LTD., TUREGUM INSURANCE COMPANY, TWIN CITY FIRE INSURANCE COMPANY, UNDERWRITERS AT LLOYD'S LONDON, UNIGARD MUTUAL INSURANCE COMPANY, UNIONAMERICA INSURANCE COMPANY LTD., UNITED STANDARD INSURANCE COMPANY LTD., THE VICTORY INSURANCE COMPANY LTD., WALBROOK INSURANCE COMPANY LTD., "WINTETHUR" SWISS INSURANCE COMPANY, WORLD AUXILIARY INSURANCE CORPORATION, LTD., YASUDA FIRE & MARINE INSURANCE COMPANY (U.K.) LIMITED, YUVAL INSURANCE COMPANY LTD., ZURICH INSURANCE COMPANY, DEFENDANTS, AND COMMERCIAL UNION INSURANCE COMPANY, AS SUCCESSOR TO THE OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD., AMERICAN EMPLOYERS' INSURANCE COMPANY, THE EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., EMPLOYERS' SURPLUS LINES INSURANCE COMPANY, GENERAL REINSURANCE CORPORATION, ALLSTATE INSURANCE COMPANY, AS SUCCESSOR-IN-INTEREST TO NORTHBROOK EXCESS AND SURPLUS INSURANCE COMPANY, FORMERLY NORTHBROOK INSURANCE COMPANY, NORTH STAR REINSURANCE CORPORATION, AND ZURICH INTERNATIONAL LIMITED, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND CENTURY INDEMNITY COMPANY (AS SUCCESSOR TO CCI INSURANCE COMPANY, WHICH ITSELF IS THE SUCCESSOR TO THE INSURANCE COMPANY OF NORTH AMERICA), DEFENDANT-RESPONDENT. GEI INTERNATIONAL INCORPORATED, A NEW JERSEY CORPORATION, (FORMERLY KNOWN AS ANDREW DENHOLM, INC.), AND ANDREW DENHOLM, INC., PLAINTIFFS-APPELLANTS, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, ATLANTIC MUTUAL INSURANCE COMPANY, NORTHWESTERN NATIONAL INSURANCE COMPANY, MIDLAND INSURANCE COMPANY, CHUBB GROUP OF INSURANCE COMPANIES, FIREMAN'S FUND INSURANCE CO., INC., IDEAL MUTUAL INSURANCE CO., INC., ORB HOLDING CO., JOHN BLACK, ROBERT DEDERER, FRANK VANDERHOOF, METRAMATIC CORPORATION, HIGH SPEED CHECKWEIGHER INC., SUCCESSOR IN INTEREST TO METRAMATIC CORPORATION, AG FUR PRAZISIONSINSTRUMENTE AND NEW JERSEY PROPERTY/LIABILITY GUARANTY ASSOCIATION, DEFENDANTS. JOHN BLACK, ROBERT DEDERER AND FRANK VANDERHOOF, INDIVIDUALLY AND AS FORMER CORPORATE OFFICERS, DIRECTORS AND SHAREHOLDERS OF NGR DESIGN AND MANUFACTURING CO., INC. AND METAL DETECTORS, INC., METRAMATIC CORPORATION AND ORB HOLDING CO., DEFENDANTS AND THIRD PARTY PLAINTIFFS, v. FIREMAN'S FUND INSURANCE CO., INC., ST. PAUL MERCURY INSURANCE COMPANY, NORTHWESTERN NATIONAL INSURANCE CO., AND NEW JERSEY PROPERTY/LIABILITY GUARANTY ASSOCIATION, THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 12, 1997.

Attorney(s) appearing for the Case

Robert Mahoney argued the cause for appellants GEI International Incorporated, etc., et al. (Friedman Siegelbaum, attorneys; Mr. Mahoney and James M. Andrews, of counsel and on the brief).

Vincent R. FitzPatrick, Jr., a member of the New York bar, argued the cause for appellant and cross-respondent Ciba-Geigy Corporation (Hayden, Perle & Silber, attorneys).

James W. Christie, III, argued the cause for respondents and cross-appellants Commercial Union Insurance Company, as successor to The Ocean Accident & Guarantee Corporation, Ltd.; The Employers' Liability Assurance Corporation, Ltd.; American Employers' Insurance Company; and Employers' Surplus Lines Insurance Company (Christie, Pabarue, Mortensen and Young, attorneys).

Stefano V. Calogero argued the cause for respondents and cross-appellants General Reinsurance Corporation, North Star Reinsurance Corporation, Allstate Insurance Company, as successor in interest to Northbrook Excess and Surplus Insurance Company, formerly Northbrook Insurance Company and Zurich International Limited (Cuyler Burk, attorneys).

Paul R. Koepff, a member of the New York bar, argued the cause for respondent Century Indemnity Company (as successor to CCI Insurance Company, which itself is the successor to the Insurance Company of North America) (Graham, Curtin & Sheridan, attorneys).

Paul E. Breene submitted briefs on behalf of amicus curiae, New Jersey Public Risk Managers' Association (Anderson Kill Olick & Oshinsky, attorneys; Mr. Breene and Jennifer D. Marell, of counsel).

The opinion of the Court was delivered by POLLOCK, J.

These appeals pose the issue whether a constitutional right to a jury trial exists in an action for a declaratory judgment concerning claims against insurers for breach of contract and the recovery of future remediation costs. Resolution of the issue depends on whether such an action is more like a traditional common-law action for damages or one for equitable relief....

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