CONTINENTAL INS. v. HONEYWELL

A-21 September Term 2016 078152.

188 A.3d 297 (2018)

234 N.J. 23

CONTINENTAL INSURANCE COMPANY, Fidelity & Casualty Company of New York, Commercial Insurance Company of Newark, N.J., and Columbia Casualty Company, Plaintiffs, v. HONEYWELL INTERNATIONAL, INC. (f/k/a AlliedSignal, Inc., successor to Bendix Aviation Corporation and Bendix Corporation), Defendant-Respondent, and St. Paul Fire and Marine Insurance Company, Defendant-Appellant, and Affiliated FM Insurance Company, Allstate Insurance Company, American Home Assurance Company, American Insurance Company, California Union Insurance Company, Century Indemnity Company, Commercial Union Insurance Company as successor to Employers Liability Assurance Corporation, Ltd., Employers Insurance of Wausau, Fireman's Fund Insurance Company, Granite State Insurance Company, Great American Insurance Company, Home Insurance Company, Insurance Company of North America, National Union Fire Insurance Company of Pittsburgh, PA, North River Insurance Company, Travelers Indemnity Company, Underwriters at Lloyds London and Certain London Market Companies, including Anglo Saxon Insurance Assoc. Ltd., Dominion Insurance Company, Drake Insurance Company, Eagle Star Insurance Company, Institute of London Underwriters, London & Edinburgh Insurance Company Ltd., Prudential Assurance Company Ltd., Southern Insurance Company, and World Auxiliary Insurance Corp., Ltd., Defendants, and Honeywell International, Inc. (f/k/a AlliedSignal, Inc., successor to Bendix Aviation Corporation and Bendix Corporation), Defendant/Third-Party Plaintiff-Respondent, v. Travelers Casualty & Surety Company (f/k/a Aetna Casualty & Surety Company), Third-Party Defendant-Appellant, and AIU Insurance Company, American Centennial Insurance Company, Associated International Insurance Company, Centre Insurance Company (f/k/a London Guarantee and Accident Company of New York), Continental Casualty Company, The Continental Insurance Company as successor in interest to Harbor Insurance Company (f/k/a Harbor Insurance Company), Everest Reinsurance Company (f/k/a Prudential Reinsurance Company), Executive Risk Indemnity Inc. (f/k/a American Excess Insurance Company), Federal Insurance Company, First State Insurance Company, Fremont Indemnity Company (f/k/a Industrial Indemnity Company), General Reinsurance Corporation, Hartford Accident & Indemnity Company, International Insurance Company (f/k/a International Surplus Lines Insurance Company), Lexington Insurance Company, Mt. McKinley Insurance Company (f/k/a Gibraltar Casualty Company), Mutual Fire, Maine & Inland Insurance Company, Royal Indemnity Company, The Tokio Marine & Fire Insurance Company, Ltd., Twin City Fire Insurance Company, Utica Mutual Insurance Company, Westport Insurance Company (f/k/a Puritan Insurance Company), and Certain London Market Companies, including Accident & Casualty Insurance Company, Alba General Insurance Company (f/k/a Alba General Insurance Company Limited), Aviation & General Insurance Company Limited, AXA Insurance PLC (f/k/a Provincial Insurance Public Limited Company), The British Aviation Insurance Company Limited, British Law Insurance Company Limited, British Reserve Insurance Company Limited, British Traders Insurance Company Ltd., C.A.M.A.T. Insurance Company Limited, C.F.A.U., Continental Assurance Company of London, Ltd., Cornhill Insurance Public Limited Company (f/k/a Cornhill Insurance Company Limited), Edinburgh Assurance Company Ltd., Edinburgh Insurance Company Limited, Edinburgh No. 2 Group, Elvia Swiss Insurance Company (f/k/a Helvetia Accident Insurance Company Limited), Excess Insurance Company Limited, Fidelidade Insurance Company of Lisbon, GE Specialty Insurance (UK) Limited (f/k/a Threadneedle Insurance Company Limited), General Insurance Company Helvetia Limited, Groupama Insurance Company Limited (f/k/a Minister Insurance Company Limited), Helvetia Insurance Company Ltd., Helvetia Swiss Insurance Company Limited (f/k/a Helvetia Accident Swiss Insurance Company), Iron Trades Insurance Company Limited (f/k/a Iron Trades Mutual Insurance Company Limited), La Minerve Insurance Company Limited, Lombard Marine & General Insurance Company Ltd., London & Edinburgh General Insurance Company, London & Overseas Aviation A.C., Motor Union Insurance Company Limited, National Casualty Company, National Casualty Company of America, The New India Assurance Company Limited, Phoenix Assurance Public Limited Company, Phoenix Aviation Insurance Company Limited, Phoenix Insurance Company Ltd., River Thames Insurance Company Limited, Road Transport & General Insurance Co. Ltd., Royal Scottish Assurance PLC (f/k/a The Royal Scottish Insurance Company Limited), Scottish Lion Insurance Company Ltd., Stronghold Insurance Company Limited, Swiss National Insurance Company Limited, Swiss Union General Insurance Company Limited, Switzerland General Insurance Company Limited, Trent Insurance Company Limited, Turegum Insurance Company Limited, Ulster Insurance Company Limited, UMA, United Scottish Insurance Company Aviation Ltd., United Scottish Insurance Company Limited, Vanguard Insurance Company Limited, Victoria Aviation, Victoria Insurance Company, Ltd., and The World Marine & General Insurance PLC (f/k/a The World Marine & General Insurance Company Limited), Third-Party Defendants. Continental Insurance Company, Fidelity & Casualty Company of New York, Commercial Insurance Company of Newark, N.J., and Columbia Casualty Company, Plaintiffs, v. Honeywell International, Inc. (f/k/a AlliedSignal, Inc., successor to Bendix Aviation Corporation and Bendix Corporation), Defendant-Respondent, and St. Paul Fire and Marine Insurance Company, Defendant-Appellant, and Affiliated FM Insurance Company, Allstate Insurance Company, American Home Assurance Company, American Insurance Company, California Union Insurance Company, Century Indemnity Company, Commercial Union Insurance Company as successor to Employers Liability Assurance Corporation, Ltd., Employers Insurance of Wausau, Fireman's Fund Insurance Company, Granite State Insurance Company, Great American Insurance Company, Home Insurance Company, Insurance Company of North America, National Union Fire Insurance Company of Pittsburgh, PA, North River Insurance Company, Travelers Indemnity Company, Underwriters at Lloyds London and Certain London Market Companies, including Anglo Saxon Insurance Assoc. Ltd., Dominion Insurance Company, Drake Insurance Company, Eagle Star Insurance Company, Institute of London Underwriters, London & Edinburgh Insurance Company Ltd., Prudential Assurance Company Ltd., Southern Insurance Company, and World Auxiliary Insurance Corp., Ltd., Defendants, and Honeywell International, Inc. (f/k/a AlliedSignal, Inc., successor to Bendix Aviation Corporation and Bendix Corporation), Defendant/Third-Party Plaintiff-Respondent, v. Travelers Casualty & Surety Company (f/k/a Aetna Casualty & Surety Company), Third-Party Defendant-Appellant, and AIU Insurance Company, American Centennial Insurance Company, Associated International Insurance Company, Centre Insurance Company (f/k/a London Guarantee and Accident Company of New York), Continental Casualty Company, The Continental Insurance Company as successor in interest to Harbor Insurance Company (f/k/a Harbor Insurance Company), Everest Reinsurance Company (f/k/a Prudential Reinsurance Company), Executive Risk Indemnity Inc. (f/k/a American Excess Insurance Company), Federal Insurance Company, First State Insurance Company, Fremont Indemnity Company (f/k/a Industrial Indemnity Company), General Reinsurance Corporation, Hartford Accident & Indemnity Company, International Insurance Company (f/k/a International Surplus Lines Insurance Company), Lexington Insurance Company, Mt. McKinley Insurance Company (f/k/a Gibraltar Casualty Company), Mutual Fire, Maine & Inland Insurance Company, Royal Indemnity Company, The Tokio Marine & Fire Insurance Company, Ltd., Twin City Fire Insurance Company, Utica Mutual Insurance Company, Westport Insurance Company (f/k/a Puritan Insurance Company), and Certain London Market Companies, including Accident & Casualty Insurance Company, Alba General Insurance Company (f/k/a Alba General Insurance Company Limited), Aviation & General Insurance Company Limited, AXA Insurance PLC (f/k/a Provincial Insurance Public Limited Company), The British Aviation Insurance Company Limited, British Law Insurance Company Limited, British Reserve Insurance Company Limited, British Traders Insurance Company Ltd., C.A.M.A.T. Insurance Company Limited, C.F.A.U., Continental Assurance Company of London, Ltd., Cornhill Insurance Public Limited Company (f/k/a Cornhill Insurance Company Limited), Edinburgh Assurance Company Ltd., Edinburgh Insurance Company Limited, Edinburgh No. 2 Group, Elvia Swiss Insurance Company (f/k/a Helvetia Accident Insurance Company Limited), Excess Insurance Company Limited, Fidelidade Insurance Company of Lisbon, GE Speciality Insurance (UK) Limited (f/k/a Threadneedle Insurance Company Limited), General Insurance Company Helvetia Limited, Groupama Insurance Company Limited (f/k/a Minister Insurance Company Limited), Helvetia Insurance Company Ltd., Helvetia Swiss Insurance Company Limited (f/k/a Helvetia Accident Swiss Insurance Company), Iron Trades Insurance Company Limited (f/k/a Iron Trades Mutual Insurance Company Limited), La Minerve Insurance Company Limited, Lombard Marine & General Insurance Company Ltd., London & Edinburgh General Insurance Company, London & Overseas Aviation A.C., Motor Union Insurance Company Limited, National Casualty Company, National Casualty Company of America, The New India Assurance Company Limited, Phoenix Assurance Public Limited Company, Phoenix Aviation Insurance Company Limited, Phoenix Insurance Company Ltd., River Thames Insurance Company Limited, Road Transport & General Insurance Co. Ltd., Royal Scottish Assurance PLC (f/k/a The Royal Scottish Insurance Company Limited), Scottish Lion Insurance Company Ltd., Stronghold Insurance Company Limited, Swiss National Insurance Company Limited, Swiss Union General Insurance Company Limited, Switzerland General Insurance Company Limited, Trent Insurance Company Limited, Turegum Insurance Company Limited, Ulster Insurance Company Limited, UMA, United Scottish Insurance Company Aviation Ltd., United Scottish Insurance Company Limited, Vanguard Insurance Company Limited, Victoria Aviation, Victoria Insurance Company, Ltd., and The World Marine & General Insurance PLC (f/k/a The World Marine & General Insurance Company Limited), Third-Party Defendants.

Supreme Court of New Jersey.

Decided June 27, 2018.


Attorney(s) appearing for the Case

Andrew T. Frankel argued the cause for appellants St. Paul Fire and Marine Insurance Company and Travelers Casualty and Surety Company (Windels Marx Lane & Mittendorf, and Simpson Thacher & Bartlett, attorneys; Stefano V. Calogero , of counsel; Stefano V. Calogero, Madison, Andrew T. Frankel, Tanya M. Mascarich , Madison, on the briefs).

Michael J. Lynch (K & L Gates) of the Pennsylvania bar, admitted pro hac vice, argued the cause for respondent Honeywell International, Inc. (K & L Gates, attorneys; Michael J. Lynch, Donald E. Seymour , John T. Waldron , and Donald W. Kiel , Newark, on the briefs).

Carl A. Salisbury and Paul E. Breene submitted a brief on behalf of amicus curiae United Policyholders (Bramnick, Rodriguez, Grabas, Arnold & Mangan, and Reed Smith, attorneys).

Brian R. Ade , Hackensack, submitted a brief on behalf of amicus curiae Complex Insurance Claims Litigation Association (Rivkin Radler, attorneys).


This appeal involves questions about the insurance coverage available to defendant Honeywell International, Inc. (Honeywell), a New Jersey based corporation, for thousands of bodily-injury claims premised on exposure to brake and clutch pads (friction...

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