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CARPENTER TECH. CORP. v. ADMIRAL INS. CO.

800 A.2d 54 (2002)

172 N.J. 504

CARPENTER TECHNOLOGY CORPORATION, Plaintiff-Respondent, v. ADMIRAL INSURANCE COMPANY; Aetna Casualty and Surety Company; Allstate Insurance Company (as successor in interest to Northbrook Insurance Company); American Insurance Company; Highlands Insurance Company; Insurance Company of North America; International Insurance Company; Lexington Insurance Company; Pacific Employers Insurance Company; Pennsylvania Insurance Guaranty Association; United States Fire Insurance Company; Executive Re Indemnity, Inc.; Allianz Insurance Company; First State Insurance Company; Associated International Insurance Company; Indemnity Insurance Company of North America; Underwriters at Lloyd's, London; and London Market Companies, Including: Dominion Insurance Company; Excess Insurance Company; Highlands Insurance Company; London & Edinburgh General Insurance Company Limited; Stronghold Insurance Company Limited and Turegum Insurance Company, Defendants, New Jersey Property-Liability Insurance Guaranty Association, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 17, 2002.

Attorney(s) appearing for the Case

Mark M. Tallmadge, Florham, argued the cause for appellant (Bressler, Amery & Ross and Susan L. Moreinis, attorneys; Mr. Tallmadge and Stephanie M. Hopkins, on the briefs).

Steven E. Speece, Wayne, PA, a member of the Pennsylvania bar, argued the cause for respondent (Brown & Connery, attorneys; Mr. Speece and Michael J. Vassalotti, on the briefs).

Paul G. Witko, Deputy Attorney General, argued the cause for amicus curiae, Commissioner of Banking and Insurance (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, on the brief).

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

The State of New Jersey and the United States identified Carpenter Technology Corporation (Carpenter), a corporation with its principal place of business in Pennsylvania, as a potentially responsible party (PRP) for environmental contamination at four sites in New Jersey. In response, Carpenter commenced a declaratory judgment action in which it sought a declaration of coverage for the claims under multiple insurance...

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