GIVAUDAN FRAGRANCES v. AETNA CAS.

Docket No. A-2270-12T4

120 A.3d 959 (2015)

442 N.J. Super. 28

GIVAUDAN FRAGRANCES CORPORATION, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY a/k/a Travelers Casualty and Surety Company, Travelers Casualty And Surety Company f/k/a Aetna Casualty & Surety Company, Travelers Property Casualty Corp. as the successor-in-interest to Aetna Casualty & Surety Company And Travelers Casualty and Surety Company, American Home Assurance Company, The Central National Insurance Company of Omaha, Century Indemnity Company, Continental Casualty Company, The Continental Insurance Company in its own right and as successor-in-interest to Boston Old Colony Insurance Company, Everest Reinsurance Company f/k/a Prudential Reinsurance Company, Federal Insurance Company, Hartford Accident & Indemnity Company, TIG Insurance Company as successor-in-interest to International Insurance Company, Lexington Insurance Company, Munich Reinsurance Company f/k/a American Re-Insurance Company, National Surety Corporation, National Union Fire Insurance Company of Pittsburgh, and Allstate Insurance Company as successor-in-interest to Northbrook Excess and Surplus Insurance Company f/k/a Northbrook Insurance Company, Defendants-Respondents, and Home Insurance Company, Midland Insurance Company, The New Jersey Property-Liability Guaranty Association on behalf of Midland Company in insolvency, Mission Insurance Company, The New Jersey Property-Liability Guaranty Association on behalf of Mission Insurance Company in insolvency, and New Jersey Manufacturers Insurance Company, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 2015.


Attorney(s) appearing for the Case

Robin L. Cohen (Kasowitz, Benson, Torres & Friedman, L.L.P.) of the New York bar, admitted pro hac vice, argued the cause for appellant (The Law Office of Robert B. Woodruff, P.C., Morristown, and Ms. Cohen, attorneys; Mr. Woodruff , Ms. Cohen and Kenneth H. Frenchman (Kasowitz, Benson, Torres & Friedman, L.L.P.) of the New York bar, admitted pro hac vice, on the briefs).

Daren S. McNally argued the cause for respondent Travelers Casualty and Surety Company (Clyde & Co. U.S. L.L.P., attorneys; Mr. McNally , Barbara M. Almeida and Meghan C. Goodwin , Florham Park, on the brief).

Patrick F. Hofer (Troutman Sanders L.L.P.) of the District of Columbia and Virginia bars, admitted pro hac vice, argued the cause for respondents Continental Casualty Company and the Continental Insurance Company (Coughlin Duffy L.L.P. and Mr. Hofer , attorneys; Suzanne C. Midlige , Christopher S. Franges , Morristown, and Mr. Hofer , on the briefs).

Tanya M. Mascarich argued the cause for respondent Allstate Insurance Company (Windels Marx Lane & Mittendorf, L.L.P., attorneys; Ms. Mascarich and Stefano V. Calogero , Madison, on the brief).

LeClairRyan , attorneys for respondents American Home Assurance Company, and National Union Fire Insurance Company of Pittsburgh ( Gregory S. Thomas , Newark, on the brief).

Siegal & Park, attorneys for respondents ACE Property & Casualty Company, Century Indemnity Company and TIG Insurance Company ( Martin F. Siegal and Seth G. Park , Mount Laurel, on the brief).

Hardin, Kundla , McKeon & Poletto, attorneys for respondent Everest Reinsurance Company ( John S. Favate , Springfield, on the brief).

Rivkin Radler L.L.P., attorneys for respondent Federal Insurance Company ( Brian R. Ade , Hackensack, on the brief).

Graham Curtin, P.A., attorneys for respondent Hartford Accident and Indemnity Company ( Dennis P. Monaghan , Morristown, on the brief).

Smith Stratton Wise Heher & Brennan, L.L.P., Princeton, attorneys for respondent Munich Reinsurance America, Inc. ( William E. McGrath, Jr. , on the brief).

Jeffrey N. German , attorney for respondent National Surety Corporation.

Before Judges FUENTES, ASHRAFI and O'CONNOR.


Plaintiff Givaudan Fragrances Corporation appeals the December 21, 2012 orders denying its motion for partial summary judgment, granting defendants' motion for summary judgment, and dismissing its complaint. After carefully reviewing the record, the briefs, and the controlling legal principles...

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