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CREST-FOAM CORP. v. AETNA INS. CO.

727 A.2d 1030 (1999)

320 N.J. Super. 509

CREST-FOAM CORPORATION, Plaintiff-Respondent, v. AETNA INSURANCE COMPANY, American Insurance Company, CNA Insurance, Continental Casualty Company, Continental Insurance Company, Employers Mutual Liability Insurance Company of Wisconsin, Federal Insurance Company, Fireman's Fund Indemnity Corporation, Greater New York Mutual Insurance, Home Insurance Company, Insurance Company of North American, Lexington Insurance Company, New Jersey Manufacturers Insurance Company, North River Insurance Company, Puritan Insurance Company, St. Paul Fire and Marine Insurance Company, and John Doe Insurance Companies 1-100, Fictitious Companies, Defendants, and Hartford Accident and Indemnity Company, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Michael F. O'Neill, Bedminster, for defendant-appellant Hartford Accident and Indemnity Company (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Mr. O'Neill, of counsel; Mr. O'Neill, Kathleen M. Quinn, Morristown, and Donna Stephan-Nolan, on the briefs).

Stephen N. Dermer, Roseland, for plaintiff-respondent Crest-Foam Corporation (Lowenstein, Sandler, attorneys; Mr. Dermer, of counsel; Mr. Dermer, Amy C. Grossman, West Orange, and Robert L. Lombardi, Roseland, on the briefs).

Before Judges STERN, LANDAU and BRAITHWAITE.

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

We granted leave to appeal to consider whether plaintiff's declaratory judgment action, seeking coverage for environmental clean-up expenses, is time barred because it was commenced more than six years after plaintiff's execution of an Administrative Consent Order (ACO) with the New Jersey Department of Environmental Protection (NJDEP) requiring plaintiff to develop a plan to evaluate and clean-up contamination...

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