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SONOCO PRODUCTS CO. v. FIRE & CAS. INS. CO.

767 A.2d 1018 (2001)

SONOCO PRODUCTS COMPANY, INC., Plaintiff, and Lexington Insurance Company, Plaintiff/Intervenor Appellant, v. The FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT, Defendant, and United States Fire Insurance Company, Defendant/Third Party Plaintiff-Respondent, v. Home Insurance Company, Third Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2001.

Attorney(s) appearing for the Case

Vincent J. Velardo, Montclair, argued the cause for plaintiff/intervenor-appellant (Velardo & Velardo, attorneys; Mr. Velardo, on the brief).

Janet L. Poletto, Springfield, argued the cause for defendant/third party plaintiff-respondent (Hardin, Kundla, McKeon, Poletto & Polifroni, attorneys; Ms. Poletto, of counsel and on the brief).

Before Judges PETRELLA, NEWMAN and BRAITHWAITE.

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

This appeal involves a dispute as to primacy and apportionment of coverage between two umbrella carriers, U.S. Fire Insurance Company ("U.S.Fire") and Lexington Insurance Company ("Lexington"). The insurance coverage dispute arises out of an accident that occurred on November 15, 1993 at Ball-In-Con Glass Packaging Corp. in Carteret, New Jersey, in which Ramon Perez ("Perez"), an employee of Ball-In-Con, sustained...

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