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CHEMICAL LEAMAN TANK LINES v. AETNA CAS. AND SUR.

Nos. 97-5735, 97-5736.

177 F.3d 210 (1999)

CHEMICAL LEAMAN TANK LINES, INC., Appellant in No. 97-5735, v. The AETNA CASUALTY AND SURETY COMPANY, and Certain Underwriters at Lloyds, London Subscribing to Insurance Policies Numbers WAR 6771, WAR 6772/A C62P 10-117, L62P 10-117, 64P 3-121, L64P 3-121A, L64P 3-121B, C64P 3-121B, C65P 5-119, C65P 5-119A, L65P 5-119A, L66P 5-119A, C67P 4-158, L67P 4-158, C68P 2-116, L68P 2-116, C68P 2-116A, C68P 2-116B, L68P 2-116A, L68P 2-116B, C71-03-03-13, L71-03-03-13, C71-03-03-13A, C71-03-03-13B, L71-03-03-13A, L71-03-03-13B, C74-03-18-02, 77-01-19-23, 77-01-19-23A, C77-01-19-23B, 79-04-19-10, C80-02-19-09, C80-02-19-09B, L80-02-09A, L80-02-19-09A, L80-02-19-09B, C83-02-19-09, L83-02-19-09A, L83-02-19-09B, L83-02-19-09C. Chemical Leaman Tank Lines, Inc. v. Aetna Casualty And Surety Company; Robin Anthony Gildart Jackson, an Underwriter at Lloyds, London, individually and in his capacity as representative Underwriter at Lloyds, London for certain subscribing Underwriters at Lloyds, London who subscribed to certain liability insurance policies issued to plaintiff Chemical Leaman Tank Lines, Inc.; Accident and Casualty Company of Winterthur, (now known as Winterthur Swiss Insurance Company); Alba General Insurance Company Ltd.; Allianz Cornhill International Insurance, PLC (formerly known as Allianz International Insurance Company Ltd.); Argonaut Northwest Insurance Company; Assicurazioni Generali Spa; Baloise Fire Insurance Company; Bellefonte Insurance Company Ltd.; CNA International Reinsurance Co. Ltd. (formerly known as CNA Reinsurance of London Company Ltd.); Delta Lloyd Non-Life Insurance Company; Dominion Insurance Company Ltd.; Drake Insurance Company Ltd. (now known as Sphere Drake Insurance plc); Excess Insurance Company Ltd.; Fidelidade Insurance Company; Gan Minster Insurance Company Ltd. (formerly known as Minster Insurance Company Ltd.); Helvetia Accident Swiss Insurance Company (now known as ELVIA Swiss Insurance Company Ltd.); London and Edinburgh Insurance Company, Ltd.; National Casualty Company; National Casualty Insurance of America, Ltd.; New London Reinsurance Company, Ltd. (now known as NRG Victory Reinsurance Ltd.); River Thames Insurance Company Ltd.; Scottish Lion Insurance Company; Sphere Insurance Company Ltd., (now known as Sphere Drake Insurance plc); St. Paul International Insurance Company Ltd. (formerly known as St. Katherine Insurance Co. Ltd.); Swiss Union General Insurance Company Ltd.; Mitsui Marine & Fire Insurance Company (Europe) Ltd. (formerly known as Taisho Marine & Fire Insurance Company (U.K.) Ltd.); Tokio Marine & Fire Insurance Company (U.K.) Ltd.; Turegum Insurance Company; Unionamerica Insurance Company Ltd.; World Auxiliary Insurance Corporation Ltd.; Yasuda Fire & Marine Insurance Company of Europe Ltd., (formerly known as Yasuda Insurance Company (U.K.) Ltd.) (hereafter collectively referred to as "Jackson & Companies"), Appellants in No. 97-5736.

United States Court of Appeals, Third Circuit.

Filed May 25, 1999.

Attorney(s) appearing for the Case

Kevin B. Clark, John P. Dean (Argued), Conrad J. Smucker, Lisa K. Coleman, Willkie Farr & Gallagher, Washington, D.C., for Chemical Leaman Tank Lines, Inc., Appellant in No. 97-5735.

Henry Lee (Argued), Olympia Bizekis, Allen R. McKay, Mendes & Mount, New York, N.Y., and William S. Wachenfeld, Adam M. Smith, Mendes & Mount, Newark, NJ, for Robin Anthony Gildart Jackson, et al., Appellants in No. 97-5735.

3 Laura A. Foggan Elizabeth A. Eastwood Peter J. Skalaban, Jr. Wiley, Rein & Fielding 1776 K Street, N.W. Washington, D.C. 20006 Attorneys for Insurance Environmental Litigation Association, Amicus Curiae.

Before: STAPLETON and ROTH, Circuit Judges, and LONGOBARDI, District Judge

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

This appeal marks the second appearance of this case before our Court and comes after more than nine years of litigation.1 Seeking indemnification for costs connected to the environmental cleanup of its Bridgeport, New Jersey, facility, Chemical Leaman initially filed this declaratory judgment and damages action against its primary and excess insurers in April, 1989...

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