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MURALO CO. v. EMPLOYERS INS. WAUSAU

759 A.2d 348 (2000)

334 N.J. Super. 282

The MURALO COMPANY, INC., Plaintiff-Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, and Zurich Insurance Group, Defendants-Respondents, and Aetna Casualty & Surety Company, Greater New York Mutual Insurance Company, Hartford Accident & Indemnity Company, Home Insurance Company, New Jersey Manufacturers Insurance Company, and Royal Insurance Company of America, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 2000.

Attorney(s) appearing for the Case

Carl A. Salisbury, Clark, argued the cause for appellant (Killian & Salisbury, attorneys; Mr. Salisbury, on the brief; Gary S. Lipshutz, on the brief).

W. Gerald McElroy (Zelle, Hofmann, Voelbel & Gette) of the Massachusetts bar, admitted pro hac vice, argued the cause for respondent Employers Insurance of Wausau (William S. Wachenfeld, Mendes & Mount, Newark, attorneys; Mr. McElroy and Mr. Wachenfeld, on the joint brief).

Robert W. Muilenburg, Morristown, argued the cause for respondent Zurich Insurance Company (McElroy, Deutsch & Mulvaney, attorneys; Mr. Muilenburg, on the joint brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

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

This is an environmental contamination, declaratory judgment coverage action. Plaintiff Muralo Company, Inc. (Muralo), appeals from summary judgments dismissing its complaint against its two non-settling insurers, defendants Zurich Insurance Company (Zurich) and Employers Insurance of Wausau (Wausau), whereby it sought reimbursement for the defense costs and indemnity...

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