SENSIENT COLORS INC. v. ALLSTATE INSURANCE COMPANY

No. A-2052-05T5

908 A.2d 826 (2006)

SENSIENT COLORS INC., Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, f/k/a NORTHBROOK INSURANCE COMPANY, AMERICAN MOTORISTS INSURANCE COMPANY, EXECUTIVE RISK INDEMNITY INC., f/k/a AMERICAN EXCESS INSURANCE CO., FEDERAL INSURANCE COMPANY, FIDELITY & CASUALTY COMPANY OF NEW YORK, FIREMAN'S FUND INSURANCE COMPANY, HARTFORD ACCIDENT & INDEMNITY COMPANY, HIGHLANDS INSURANCE COMPANY, INTEGRITY INSURANCE COMPANY, INTERSTATE FIRE & CASUALTY COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, LLOYDS OF LONDON AND BRITISH COMPANIES, NEW JERSEY PROPERTY LIABILITY INSURANCE GUARANTY ASSOCIATION, OLD REPUBLIC INSURANCE COMPANY, PINE TOP INSURANCE COMPANY, ROYAL INSURANCE COMPANY, TWIN CITY FIRE INSURANCE COMPANY, WESTPORT INSURANCE CORPORATION, f/k/a PURITAN INSURANCE COMPANY, and ZURICH AMERICAN INSURANCE COMPANY, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 2006


Attorney(s) appearing for the Case

Donald W. Kiel argued the cause for appellant

(Kirkpatrick & Lockhart Nicholson Graham, attorneys; Mr. Kiel, of counsel; David S. Kwon and Robert F. Pawlowski, on the brief).

Robert W. Muilenburg argued the cause for respondent, Zurich American Insurance Company, successor in interest to Zurich Insurance Company (Coughlin Duffy, attorneys; Mr. Muilenberg and Rebecca J. Foote, on the brief).

Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys for respondent, Liberty Mutual Insurance Company, join in the brief of respondent, Zurich American Insurance Company.

Smith, Stratton, Wise, Heher & Brennan, attorneys for Executive Risk Indemnity Inc., f/k/a American Excess Insurance Company join in the brief of respondent, Zurich American Insurance Company.

Caron Constants & Wilson, attorneys for Fireman's Fund Insurance Company and Interstate Fire & Casualty Co. join in the brief of Zurich American Insurance Company.

Tressler, Soderstrom, Maloney & Priess, attorneys for Allstate Insurance Company, f/k/a Northbrook Insurance Company joins in the brief of Zurich American Insurance Company as to first-filed rule, but not as to choice of law.

Hardin, Kundla, McKeon & Poletto, attorneys for Royal Indemnity Company, have not filed a brief.

Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys for Highlands Insurance Company, have not filed a brief.

Bressler, Amery & Ross, attorneys for New Jersey Property-Liability Insurance Guaranty Association, have not filed a brief.

Graham, Curtin & Sheridan, attorneys for Hartford Accident & Indemnity Company & Twin City Fire Insurance Company, have not filed a brief.

Colliau Elenius Murphy Carluccio Keener & Morrow, attorneys for Fidelity & Casualty Company of New York, have not filed a brief.

Dilworth Paxson, attorneys for Westport Insurance Corporation, have not filed a brief.

Clausen Miller, attorneys for Old Republic Insurance Company, have not filed a brief.

Cozen O'Connor, attorneys for Federal Insurance Company, have not filed a brief.

Marshall, Dennehey, Warner, Coleman & Goggin, attorneys for Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies, have not filed a brief.

Before Judges Parrillo, Hoens and Sapp-Peterson.


The opinion of the court was delivered by

PARRILLO, J.A.D..

This is an insurance coverage dispute arising from environmental contamination at a Camden site owned by plaintiff Sensient Colors, Inc., the insured under certain insurance policies covering the site issued by defendants, including Zurich American (Zurich), among others. Relying on these policies, plaintiff requested Zurich to indemnify and defend it in actions brought by the United States Environmental...

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