SPAULDING COMPOSITES COMPANY, INC., Plaintiff-Respondent/Cross-Appellant,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant/Cross-Respondent, and
Employers Insurance of Wausau, Allstate Insurance Company, Certain Underwriters at Lloyd's of London, London Market Company, Certain London Market Companies, American Home Insurance Company, Lexington Insurance Company, National Union Fire Continental Insurance Company, Industrial Underwriters Insurance, Defendants-Appellants, and
Aetna Casualty and Surety Company, (successor to Northbrook Insurance Company), American Centennial Insurance Company, Greenwich Insurance Company (successor to Harbor Insurance Company), New England Reinsurance Corporation, New Jersey Property-Liability Insurance Guaranty Association, Defendants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 10, 2001.
Decided December 26, 2001.
Attorney(s) appearing for the Case
Klett, Rooney, Lieber & Schorling, attorneys for appellant/cross-respondent Liberty Mutual Insurance Company (Thomas B. O'Brien, Jr. and Joseph B. Silverstein, Philadelphia, Pa, on the brief).
Lowenstein Sandler, attorneys for respondent/cross-appellant Spaulding Composites Company, Inc. (Robert D. Chesler, of counsel and on the brief; Janet C. Castellano, on the brief).
Martin P. Lavelle, New York City, attorney for respondents National Union Fire Insurance Company of Pittsburgh, PA and Lexington Insurance Company (Mr. Lavelle, on the brief).
Siegal & Napierkowski, attorneys for defendant/respondent Industrial Underwriters Insurance Company (Jerrald J. Hochman, on the letter brief).
Pitney, Hardin, Kipp & Szuch, attorneys for "Interested Party" The Caldwell Trucking PRP Group (Peter J. Herzberg, Morristown, and Kathy Dutton Helmer, on the brief).
Smith, Stratton, Wise Heher & Brennan, Princeton, attorneys for Amicus Curiae Insurance Environmental Litigation Association (Laura A. Foggan, Daniel E. Troy, Meredith Fuchs and Kimberly M. Hrabosky of counsel; Wendy L. Mager on the brief).
Appellants Allstate Insurance Company, Continental Insurance Company, Employers Insurance of Wausau, and Certain Underwriters of Lloyd's, did not file a brief.
Before Judges SKILLMAN, WALLACE JR. and WELLS.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by WALLACE, JR., J.A.D.
Plaintiff Spaulding Composites Company sought a declaration that the non-cumulation clause in the insurance policies of Liberty Mutual and certain other defendants did not apply to its claims resulting from environmental property damage. The trial judge granted plaintiff's motion for partial summary judgment, and issued an order declaring that "the non-cumulation" clause is inapplicable as a matter of...
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