STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE CITY OF NEWARK, PLAINTIFFS-RESPONDENTS,
v.
SIGNO TRADING INTERNATIONAL, INC.; SCI EQUIPMENT AND TECHNOLOGY, INC.; STORAGE INNOVATIONS, INC.; VISTA INTERNATIONAL; ATLANTIC COAST ENVIRONMENTAL, INC.; RESOURCE TECHNOLOGY SERVICES, INC.; JACK COLBERT; CHARLES COLBERT, AND ROBERT MCKENNA, DEFENDANTS. MORTON SPRINGER & CO., INC., DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT,
v.
FEDERAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT, AND SCOVILL, INC.; EASTERN WASTE INDUSTRIES, INC.; EASTERN DISPOSAL, INC., AND JOHN M. SPEAK, JR., THIRD-PARTY DEFENDANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 14, 1989.
Decided August 2, 1989.
Attorney(s) appearing for the Case
William J. Brennan, III, argued the cause for appellant Federal Insurance Company (Smith, Stratton, Wise, Heher & Brennan, attorneys, William J. Brennan and Wendy L. Mager, of counsel and on the brief).
Robert G. Hoyt, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of Environmental Protection (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Robert G. Hoyt, on the brief).
David H. Harris argued the cause for respondent Morton Springer & Co., Inc.
Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys for amici curiae The American Petroleum Institute, The Chemical Manufacturers Association, Allied-Signal, Inc., E.I. DuPont De Nemours & Company, General Electric Company, NI Industries, Inc., Olin Corporation, Richardson-Vicks, Inc., and Rohm and Haas Company (Covington & Burling and Joanne B. Grossman, William F. Greaney and David M. Billings, of the Washington Bar, of counsel; Robert D. Chesler, on the brief).
Tompkins, McGuire & Wachenfeld, attorneys for amicus curiae Insurance Environmental Litigation Association (Wiley, Rein & Fielding and Thomas W. Brunner, James M. Johnstone, Marilyn E. Kerst and Sharon Rau Dissinger, of the Washington Bar, of counsel, William B. McGuire, on the brief).
No brief was filed on behalf of respondent City of Newark.
Before Judges MICHELS, LONG and KEEFE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by MICHELS, P.J.A.D.
Third-party defendant Federal Insurance Company (Federal) appeals from a summary judgment of the Chancery Division entered in favor of defendant and third-party plaintiff Morton Springer & Co., Inc. (Springer), that ordered Federal to provide coverage for and a defense to claims asserted against Springer in an underlying action instituted by plaintiffs State of New Jersey, Department of Environmental...
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