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EXXON RESEARCH AND ENGINEERING CO. v. INDUSTRIAL RISK INSURERS

775 A.2d 601 (2001)

341 N.J. Super. 489

EXXON RESEARCH AND ENGINEERING COMPANY, Exxon Services Company, Inc., and Exxon Services Venezuela, Inc., Plaintiffs-Appellants, and Fluor Daniel, Inc., Plaintiff-Intervenor, v. INDUSTRIAL RISK INSURERS, New Hampshire Insurance Company, CIGNA Corporation, a.k.a. CIGNA Worldwide and CIGNA Insurance Company of Europe, S.A.—N.V., and International Oil Insurers, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 2001.

Attorney(s) appearing for the Case

John J. Carlin, Jr., Florham Park, for appellants (Mr. Carlin and Arthur G. Warden, III, on the brief).

Myron Kirschbaum, New York (Kaye, Scholer, Fierman, Hays & Handler), of the New York bar, admitted pro hac vice, and Robert Vinci, Florham Park, for respondents (Drinker, Biddle & Shanley and Mr. Kirschbaum, attorneys; Thomas F. Campion, Morristown, Mr. Vinci and Mr. Kirschbaum, of counsel).

Before Judges BAIME, CARCHMAN and LINTNER.

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

On June 3, 1996, the plaintiffs, Exxon Research and Engineering (ER & E), Exxon Services Company (ESC) and Exxon Services Venezuela Inc. (ESV), (hereinafter referred to collectively as Exxon plaintiffs), filed a complaint against reinsurers, Industrial Risk Insurers (IRI), New Hampshire Insurance Company (NHI), International Oil Insurers (IOI), and CIGNA Corporation, A.K.A. CIGNA Worldwide and CIGNA Insurance...

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