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QUINCY MUT. FIRE INSURANCE CO v. BOR. OF BELLMAWR

769 A.2d 1053 (2001)

338 N.J. Super. 395

QUINCY MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. BOROUGH OF BELLMAWR, a municipal corporation of the State of New Jersey; Century Indemnity Company f/k/a Cigna Companies f/k/a The Insurance Company of North America; Harleysville Insurance Company; and Camden County Joint Insurance Fund, Defendants-Respondents, and Marinco, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 2001.

Attorney(s) appearing for the Case

Frederick P. Gallin, Westfield, argued the cause for appellant (Methfessel & Werbel, Edison, attorneys; Albert I. Telsey, Newark, on the brief).

Robert L. Messick, Haddonfield, argued the cause for respondent Borough of Bellmawr.

Guy A. Cellucci, Philadelphia, PA, argued the cause for respondent Century Indemnity Company (White and Williams, attorneys; Mr. Cellucci and Lynne A. Sitarski, on the brief).

Lance J. Kialik, argued the cause for respondent Harleysville Insurance Company (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; James S. Rothschild, Jr., of counsel; Steven K. Parness, Matthew H. Lewis and Keith D. Barrack, Morristown, on the brief).

Ralph J. Kmiec, Camden, argued the cause for respondent Camden County Joint Insurance Fund.

Before Judges SKILLMAN, WECKER and LESEMANN.

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

This appeal concerns allocation of insurer responsibility for environmental pollution liability of the Borough of Bellmawr (Bellmawr) caused by the Borough's dumping municipal waste into a landfill facility. The trial court held that Quincy Mutual Fire Insurance Company (Quincy) bore all of that responsibility. Quincy appeals that determination, claiming that Century Indemnity Company (Century) had insured...

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