KIMBER PETROLEUM CORP. v. TRAVELERS INDEM. CO.


298 N.J. Super. 286 (1997)

KIMBER PETROLEUM CORPORATION, A NEW JERSEY CORPORATION AND SUCCESSOR TO KIMBER-ALLEN PETROLEUM CORPORATION, PLAINTIFF-APPELLANT, v. TRAVELERS INDEMNITY COMPANY AND CALIFORNIA UNION INSURANCE COMPANY, NOW CENTURY INDEMNITY COMPANY, SUCCESSOR TO CIGNA SPECIALTY INSURANCE COMPANY, FORMERLY KNOWN AS CALIFORNIA UNION INSURANCE COMPANY, DEFENDANTS-RESPONDENTS, AND THE HARTFORD INSURANCE GROUP, NATIONAL UNION FIRE INSURANCE OF PITTSBURGH, AMERICAN INTERNATIONAL ADJUSTMENT COMPANY, INC., GREAT AMERICAN SURPLUS LINES INSURANCE COMPANY, INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, NORTHWESTERN NATIONAL INSURANCE COMPANY, AND THE NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, JOHN DOE COMPANIES, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1997.


Attorney(s) appearing for the Case

Anderson Kill Olick & Oshinsky, attorneys for appellant (Michael S. Gordon on the brief).

Graham, Curtin & Sheridan, and Mary Kay Vyskocil (Simpson Thacher & Bartlett) of the New York Bar, admitted pro hac vice, attorneys for respondent Travelers Indemnity Company (Joseph R. McDonough and Ms. Vyskocil on the brief).

Reggerio & Leodori and Paul Koepff and Kathleen L. Beiermeister (O'Melveny & Myers) of the New York Bar, admitted pro hac vice, attorneys for respondent Century Indemnity Company (Ms. Beiermeister on the brief).

Before Judges PETRELLA, LANDAU and WALLACE.


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

Plaintiff Kimber Petroleum Corporation appeals from the Law Division's grant of summary judgment in favor of defendants Travelers Indemnity Company (Travelers) and California Union Insurance Company, now Century Indemnity Company (Century). On appeal plaintiff essentially contends that: (1) summary judgment was improperly granted because there are genuine issues...

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