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QUINCY MUTU. FIRE INS. CO. v. BOROUGH OF BELLMAWR

799 A.2d 499 (2002)

172 N.J. 409

QUINCY MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. The BOROUGH OF BELLMAWR, a municipal corporation of the State of New Jersey, Harleysville Insurance Company, Marinco, Inc., Camden County Joint Insurance Fund and ABC Insurance Companies (3-100), Defendants, and Century Indemnity Company f/k/a Cigna Companies f/k/a The Insurance Company of North America, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 25, 2002.

Attorney(s) appearing for the Case

Fredric Paul Gallin, Westfield, argued the cause for appellant (Methfessel & Werbel, attorneys).

Guy A. Cellucci, Philadelphia, PA, argued the cause for respondent (White and Williams, attorneys; Mr. Cellucci, Patricia B. Santelle and Michael E. DiFebbo, on the briefs).

Gita F. Rothschild, Newark, submitted a brief on behalf of amici curiae, General Electric Company, International Specialty Products, Inc., R & F Alloy Wires, Inc., Anderson & Vreeland East, Inc. and N.J.C. Holdings, Inc. (McCarter & English, attorneys; Alissa Pyrich, Gregory H. Horowitz and Steven H. Weisman, on the brief).

The opinion of the Court was delivered by STEIN, J.

This appeal raises two important issues relating to environmental pollution liability. First, we must determine under the "continuous trigger theory" of liability whether an insurance policy in effect at the time the Borough of Bellmawr (Borough) was depositing waste in a landfill provides coverage for resulting environmental pollution claims against the Borough. Although the trial record reveals that contaminants...

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