AMERICAN WRECKING CORP., Plaintiff-Respondent
v.
BURLINGTON INSURANCE CO., Defendant-Appellant, and
Nia Insurance Group, Defendant-Respondent.
DSM Nutritional Products, Inc., Plaintiff-Respondent,
v.
Burlington Insurance Co., Defendant-Appellant, and
American Wrecking Corp., Defendant/Third-Party Plaintiff-Respondent,
v.
Nia Insurance Group; Torcon, Inc.; New Jersey Economic Development Authority; Technology Center of New Jersey; and DSM Entity, Third-Party Defendants-Respondents, and
V.W. Smith and Wladyslaw Skrzypczak, Third-Party Defendants.
American Wrecking Corp., Plaintiff,
v.
Burlington Insurance Co., Third-Party Defendant-Appellant, and
Nia Insurance Group, Third-Party Defendant-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 15, 2008.
Decided May 16, 2008.
Attorney(s) appearing for the Case
Paul F. Clark, New York City, argued the cause for appellant Burlington Insurance Company (Wade Clark Mulcahy, attorneys; Mr. Clark and Denise Fontana Ricci, on the brief).
Lane M. Ferdinand, Springfield, argued the cause for respondent American Wrecking Corp. (Lane M. Ferdinand, P.A., attorneys; Mr. Ferdinand, on the brief).
Alan H. Bernstein, Roseland, argued the cause for respondent NIA Insurance Group (WolfBlock, LLP, attorneys; Mr. Bernstein, of counsel; Mr. Bernstein and Stuart J. Polkowitz, on the brief).
William H. Mergner, Jr., Cedar Knolls, argued the cause for respondent Torcon, Inc. (Leary, Bride, Tinker & Moran, P.C., attorneys; Mr. Mergner and Peter M. Bouton, on the brief).
Patrick A. Robinson, Bridgewater, argued the cause for respondents New Jersey Economic Development Authority and Technology Center of New Jersey (Robinson Burns LLC, attorneys; Mr. Robinson, of counsel; Mr. Robinson and Richard A. Foster, on the brief).
Charles E. Powers, Jr., Hackensack, argued the cause for respondent DSM Nutritional Products, Inc. (Harwood Lloyd, LLC, attorneys; Mr. Powers, of counsel; Mr. Powers and Paul E. Kiel, on the brief).
Before Judges COBURN, FUENTES and CHAMBERS.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by COBURN, P.J.A.D.
Defendant Burlington Insurance Company ("Burlington"), a surplus lines insurer, issued general liability policies to American Wrecking Corp. Under those policies, "an insured" included others for whom American Wrecking was "performing operations."
These consolidated declaratory judgment actions concern claims for insurance coverage by American Wrecking and these additional insureds for whom American...
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