NL INDUSTRIES, INC., Appellant in No. 97-5030,
v.
COMMERCIAL UNION INSURANCE COMPANY; Stonewall Insurance Company; Aetna Casualty & Surety Company of America; Lexington Insurance Company; Midland Insurance Company; First State Insurance Company; Insurance Company of North America; American Centennial Insurance Company; Utica Mutual Insurance Company; National Union Fire Insurance Company; International Insurance Company; International Surplus Lines Insurance Company; Evanston Insurance Company.
COMMERCIAL UNION INSURANCE COMPANY, Third-party plaintiff,
v.
CERTAIN UNDERWRITERS AT LLOYD'S; Insurance Company of North America; Allstate Insurance Company, solely as successor in interest to Northbrook Excess and Surplus Insurance Co., formerly known as Northbrook Insurance Company, Third-party defendants,
International Insurance Company, Appellant in No. 97-5028,
Insurance Company of North America, Appellant in No. 97-5029,
Commercial Union Insurance Company, Appellant in No. 97-5031.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 20, 1998.
Decided September 3, 1998.
As Amended September 3, 1998.
Attorney(s) appearing for the Case
Mark E. Ferguson (Argued), Bartlit, Beck, Herman, Palenchar & Scott, Chicago, Illinois, Lester C. Houtz, Bartlit, Beck, Herman, Palenchar & Scott, Denver, Colorado, Samuel A. Haubold, Kirkland & Ellis, Chicago, Illinois, Andrew T. Berry, Kevin J. Connell, McCarter & English, Newark, New Jersey, for NL Industries, Inc.
Steven R. Brock (Argued), Richard S. Feldman, Rivkin, Radler & Kremer, Uniondale, New York, for Commercial Union Insurance Co.
Stuart Cotton, Diane P. Simon (Argued), Mitchell S. Cohen, Mound, Cotton & Wollan, New York, New York, for International Insurance Co.
Paul R. Koepff (Argued), O'Melveny & Myers, New York, New York, Joseph R. McDonough, Graham, Curtin & Sheridan, Morristown, New Jersey, for Insurance Co. of North America.
Terry M. Cosgrove (Argued), Peterson & Ross, Chicago, Illinois, for Certain Underwriters at Lloyd's of London.
Edward G. D'Alessandro, D'Alessandro & Jacovino, Florham Park, New Jersey, for International Surplus Lines Insurance Co.
John H. Denton, Connell, Foley & Geiser, Roseland, New Jersey, for Aetna Casualty & Surety Co. of America.
Michael J. O'Mara, Crawshaw, Mayfield, Turner, O'Mara, Donnelly & McBride, Cherry Hill, New Jersey, for Lexington Insurance Co.
Richard A. Crooker, Kathleen J. Olear, Cuyler Burk Parsippany, New Jersey, for Northbrook Excess and Surplus Insurance Co.
Before: GREENBERG, NYGAARD and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
WEIS, Circuit Judge,
In this case, we are called upon to answer as a controlling question of law whether the law of the forum — New Jersey — applies to liability insurance policies covering environmental damage claims arising out of numerous sites in many states. We answer that, in the circumstances here, New Jersey choice of law rules point to the law of the state where the insured had its principal place of business and...
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