SPAULDING COMPOSITES COMPANY, INC., Plaintiff, and
Caldwell Trucking PRP Group, Interested Party-Appellant,
v.
AETNA CASUALTY AND SURETY COMPANY, Allstate Insurance Company, as successor to Northbrook Insurance Company, American Centennial Insurance Company, American Home Insurance Company, Employers Insurance of Wausau, Greenwich Insurance Company, as successor to Harbor Insurance Company, Certain Underwriters at Lloyd's of London, Certain London Market Companies, New England Reinsurance Corporation, New Jersey Property-Liability Insurance Guaranty Association and John Doe Insurance Companies 1 Through 50, Defendants, and
Industrial Underwriters Insurance Company, Liberty Mutual Insurance Company, Lexington Insurance Company, and National Union Fire Insurance Company of Pittsburgh, PA, Defendants-Respondents.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued September 24, 2002.
Decided April 10, 2003.
Attorney(s) appearing for the Case
Peter J. Herzberg, Morristown, argued the cause for appellant (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Herzberg and Kathy Dutton Helmer, on the brief).
John C. Sullivan, argued the cause for respondent Liberty Mutual Insurance Company (Klett Rooney Lieber & Schorling and Post & Schell, attorneys; Thomas B. O'Brien, Jr. and Joseph B. Silverstein, Philadelphia, PA, on the briefs).
Martin P. Lavelle, New York City, argued the cause for respondents National Union Fire Insurance Company of Pittsburgh, PA, and Lexington Insurance Company.
Jerrald J. Hochman, Cherry Hill, argued the cause for respondent Industrial Underwriters Insurance Company (Siegal & Napierkowski, attorneys).
Gita F. Rothschild, Newark, submitted a brief on behalf of amici curiae G.A.F. Materials Corporation, R & F Alloy Wire and N.J.C. Holdings, Inc. (McCarter & English, attorneys; Alissa Pyrich and Gregory H. Horowitz, on the brief).
Wendy L. Mager, Princeton, submitted a brief on behalf of amicus curiae Complex Insurance Claims Litigation Association (Smith, Stratton, Wise, Heher & Brennan, attorneys).
Supreme Court of New Jersey.
The opinion of the Court was delivered by LONG, J.
In this appeal, we revisit the "continuous trigger" and "pro rata allocation" doctrines we adopted to address complex environmental insurance coverage issues in Owens-Illinois, Inc. v. United Ins. Co.,138 N.J. 437, 650 A.2d 974 (1994). More particularly, we have been asked how those principles affect the validity of a "non-cumulation" clause...
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