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BOROUGH OF SAYREVILLE v. BELLEFONTE INS. CO.

728 A.2d 225 (1998)

320 N.J. Super. 598

BOROUGH OF SAYREVILLE, a Municipal Corporation in the State of New Jersey, Plaintiff-Appellant, v. BELLEFONTE INSURANCE COMPANY, Cigna Property & Casualty Company, formerly known as Aetna Insurance Company and Insurance Company of North America, Defendants-Respondents, and American Insurance Company, Interstate Fire and Casualty Company, Mead Reinsurance Corporation, Jersey Property-Liability Guaranty Association and Home Insurance Company, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 1998.

Attorney(s) appearing for the Case

Andrew Bayer, for plaintiff-appellant (Decotiis, Fitzpatrick & Gluck, attorneys; Mr. Bayer, Teaneck, and Jeffrey W. Coppola, on the brief).

Patricia B. Santelle, Philadelphia, PA, for defendants-respondents CIGNA Property & Casualty Company and Century Indemnity Company (successor to CCI Insurance Company, successor to Insurance Company of North America) (White and Williams, attorneys; Ms. Santelle and Roberta A. Golden, on the brief).

Ronald H. DeMaria, Newark, for defendant-respondent Bellefonte Insurance Company (DeMaria Ellis, attorneys; Mr. DeMaria and Daniel S. Braverman, on the brief).

Smith, Stratton, Wise, Heher & Brennan, Princeton, and Laura A. Foggan, Keith S. Watson, Meredith Fuchs (Wiley, Rein & Fielding) of the Washington, D.C. bar, admitted pro hac vice, for amicus curiae Insurance Environmental Litigation Association (Wendy Mager, Princeton, on the brief).

Before Judges KING, KESTIN and CUFF.

The opinion of the court was delivered by

KING, P.J.A.D.

I

This case presents the issue of the quantum of the insured's burden of proof to establish the existence and contents of lost or missing liability insurance policies. We conclude that the insured's burden of proof is by the preponderance of the evidence, not clear and convincing proof.

Plaintiff, Borough of Sayreville, a municipality in Middlesex...

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