HM HOLDINGS, INC. v. AETNA CAS. & SUR. CO.


154 N.J. 208 (1998)

712 A.2d 645

HM HOLDINGS, INC., U.S. INDUSTRIES, INC., AND KIDDE INDUSTRIES INC., PLAINTIFFS-RESPONDENTS, v. AETNA CASUALTY & SURETY COMPANY, AMERICAN MOTORIST INSURANCE COMPANY, CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, INSURANCE COMPANY OF NORTH AMERICA, THE TRAVELERS INDEMNITY COMPANY AND TRAVELERS INSURANCE COMPANY, DEFENDANTS-APPELLANTS, AND AETNA LIFE & CASUALTY COMPANY, AIU INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY (AS SUCCESSOR IN INTEREST TO NORTHBROOK EXCESS AND SURPLUS LINES INSURANCE COMPANY), AMERICAN CENTENNIAL INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY, AMERICAN RE-INSURANCE CO., CONTINENTAL CASUALTY COMPANY, CONTINENTAL CORPORATION (AS SUCCESSOR TO HARBOR INSURANCE COMPANY), CONTINENTAL INSURANCE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, EMPLOYERS MUTUAL CASUALTY COMPANY, FEDERAL INSURANCE COMPANY, FIREMAN'S FUND INSURANCE COMPANY, FIRST STATE INSURANCE COMPANY, GIBRALTAR CASUALTY COMPANY, GLOBE SECURITY INSURANCE COMPANY, GRANITE STATE INSURANCE COMPANY, HARTFORD ACCIDENT & INDEMNITY COMPANY, HIGHLANDS INSURANCE COMPANY, HOME INSURANCE COMPANY, LEXINGTON INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, CERTAIN UNDERWRITERS AT LLOYD'S AND COMPANIES IN THE LONDON MARKET, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, NORTHBROOK INDEMNITY COMPANY, NORTH STAR REINSURANCE COMPANY, PRUDENTIAL REINSURANCE COMPANY, THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, TRANSAMERICA INSURANCE COMPANY, TRANSAMERICA PREMIER INSURANCE COMPANY, UNIGARD MUTUAL INSURANCE COMPANY AND WESTPORT INSURANCE CORPORATION (AS SUCCESSOR IN INTEREST TO PURITAN INSURANCE COMPANY), DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 11, 1998.


Attorney(s) appearing for the Case

Stephen J. Harburg, a member of the District of Columbia bar, argued the cause for appellants Century Indemnity Company, as successor to CCI Insurance Company of North America and Central National Insurance Company of Omaha (Graham, Curtin & Sheridan, attorneys; Mr. Harburg and Joseph R. McDonough, on the brief).

Judith F. Helms, a member of the Illinois bar, argued the cause for appellant American Motorists Insurance Company (Sellar Richardson, attorneys; Wendy H. Smith, of counsel; David E. Trainor, a member of the Illinois bar, on the brief).

Michael R. Magaril argued the cause for respondents (Anderson, Kill & Olick, attorneys).

Neil S. Cartusciello submitted a brief on behalf of appellants Aetna Casualty & Surety Company, The Travelers Indemnity Company and The Travelers Insurance Company (Shanley & Fisher, attorneys; Mr. Cartusciello and John M. O'Reilly, on the brief).

Arnold C. Lakind submitted a brief on behalf of amicus curiae, New Jersey Public Risk Managers Association (Szaferman, Lakind, Blumstein, Watter & Blader, attorneys).


The opinion of the Court was delivered by O'HERN, J.

This appeal is a companion case to Pfizer, Inc. v. Employers Insurance of Wausau, 154 N.J. 187, 712 A.2d 634 (1998), also decided today. The case is a multistate, multisite environmental coverage case. The principles for decision that we apply are set forth in Pfizer, supra. The central question is similar: what law governs (1) whether...

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