CENTURY INDEMNITY CO. v. MSA CO.


942 A.2d 95 (2008)

398 N.J. Super. 422

CENTURY INDEMNITY COMPANY, As Successor to CCI Insurance Company, As Successor to The Insurance Company of North America, Century Indemnity Company, as Successor to CIGNA Specialty Company, f/k/a California Union Insurance Company, and U.S. Fire Insurance Company With Respect to U.S. Fire Insurance Company Policy No. 5220070479 Only, Plaintiffs-Appellants, v. MINE SAFETY APPLIANCES COMPANY, Defendant-Respondent, and Travelers Casualty & Surety Company, f/k/a Aetna Casualty & Surety Company, AIU Insurance Company, American Home Insurance Company, American International Underwriters Insurance Company, a/k/a AIU Insurance Company, Birmingham Fire Insurance Co., Granite State Insurance Co., Insurance Company of the State of Pennsylvania, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, American Casualty Insurance Company, Columbia Casualty Insurance Company, Continental Casualty Insurance Company, Continental Insurance Company, Harbor Insurance Company, Allianz Underwriters Insurance Co., American Insurance Company, American Reinsurance Company, Argonaut Insurance Company, Associated International Insurance Company, Employers Mutual Insurance Company, Federal Insurance Company, First State Insurance Company, Hartford Accident & Indemnity Company, Twin City Fire Insurance Co., North River Insurance Company, Northbrook Insurance Company, North Star General Insurance Company, Puritan Insurance Company, St. Paul Travelers, f/k/a The Travelers Insurance Company, U.S. Fire Insurance Company, Employers Insurance Company of Wausau, Zurich-American Insurance Co., John Doe Insurance Companies 1-20 and Pennsylvania Property And Casualty Insurance Guaranty Association, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 2008.


Attorney(s) appearing for the Case

Jonathan H. Pittman (Crowell & Moring) of the D.C. bar, Washington, DC, admitted pro hac vice, argued the cause for appellants (Siegal, Napierkowski & Park, and Mr. Pittman, attorneys; Mr. Pittman, of counsel; Melvin R. Shuster, on the brief).

Jay M. Levin, Philadelphia, PA, argued the cause for respondent (Reed Smith, attorneys; Mr. Levin and Kellie A. Lavery, on the brief).

Before Judges AXELRAD, PAYNE and MESSANO.


The opinion of the court was delivered by

PAYNE, J.A.D.

In its recent decision in Sensient Colors, Inc. v. Allstate Ins. Co., 193 N.J. 373, 939 A.2d 767 (2008), the New Jersey Supreme Court discussed, at length, the principles of comity applicable to its determination to reverse, as an abuse of discretion, a trial court order dismissing an insured's later-filed New Jersey insurance coverage...

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