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SEALED AIR CORP. v. ROYAL INDEM. CO.

DOCKET NO. A-5951-06T3.

961 A.2d 1195 (2008)

404 N.J. Super. 363

SEALED AIR CORPORATION, Plaintiff-Respondent, v. ROYAL INDEMNITY COMPANY, as Successor in Interest to Royal Insurance Company of America, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 15, 2008.

Attorney(s) appearing for the Case

William P. Krauss, Newark, argued the cause for appellant (Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, attorneys; Mr. Krauss, of counsel and on the brief).

Andrew T. Berry, Newark, argued the cause for respondent (McCarter & English, LLP, attorneys; Mr. Berry, of counsel and on the brief; Nicole Corona, on the brief).

Before Judges WEFING, R.B. COLEMAN and LYONS.

The opinion of the court was delivered by

LYONS, J.A.D.

This case examines whether a directors and officers (D & O) insurance policy affords coverage for defense costs and damages arising from a suit alleging misrepresentations regarding contingent liabilities for pollution claims made following a multi-step transaction to reorganize and merge businesses. The insurer, Royal Indemnity Company (Royal), denied coverage relying on the pollution exclusion provisions...

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