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LONZA, INC. v. HARTFORD ACC. CO.

820 A.2d 53 (2003)

359 N.J. Super. 333

LONZA, INC., Plaintiff-Appellant, v. THE HARTFORD ACCIDENT AND INDEMNITY COMPANY, American Reinsurance Company, Federal Insurance Company, Continental Insurance Company as Successor to Harbor Insurance Company, Associated International Insurance Company, Gibraltar Casualty Company, Employers Mutual Casualty Company, and Business Insurance Company as successor to London Guarantee & Accident Company of New York, Defendants, and Zurich Insurance Company, Lexington Insurance Company, New Hampshire Insurance Company, National Union Fire Insurance Company of Pittsburgh, Everest Reinsurance Company, Granite State Insurance Company, and American Empire Surplus Lines Insurance Company as successor to Transport Indemnity Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 2003.

Attorney(s) appearing for the Case

Philip R. Sellinger argued the cause for appellant (Sills Cummis Radin Tischman Epstein & Gross, attorneys; Mr. Sellinger, of counsel; James M. Hirschhorn, Newark, and David Jay, Florham Park, on the brief).

Kevin T. Coughlin argued the cause for respondent Zurich Insurance Company (McElroy, Deutsch & Mulvaney, attorneys; Mr. Coughlin and Joseph F. Bermudez, Ridgewood, on the brief).

Karol Corbin Walker, Newark, argued the cause for respondents Lexington Insurance Company, New Hampshire Insurance Company, National Union Fire Insurance Company of Pittsburgh and Granite State Insurance Company (St. John & Wayne, attorneys; Ms. Walker and Robert M. Brigantic, on the brief).

Stephen D. Cuyler, Parsippany, argued the cause for respondent Everest Reinsurance Company (Cuyler Burk, attorneys; Mr. Cuyler and Andrew K. Craig, on the brief).

Christopher B. Block, Garden City, NY, argued the cause for respondent American Empire Surplus Lines Insurance Company (L'Abbate, Balkan, Colavita & Contini, attorneys;

Arthur D. Bromberg, of counsel; Mr. Block, on the brief).

Before Judges STERN, COBURN and COLLESTER.

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

Following the entry of final judgment on May 23, 2001, plaintiff Lonza, Inc., appeals from a series of orders relating to the trigger and allocation of its coverage claims regarding the cleanup of the site of its manufacturing plant in Rhode Island. The trial judge concluded that the law of Rhode Island applied with respect to the primary policy issued by defendant Zurich Insurance Company ("Zurich"), because...

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