DU-WEL PRODUCTS v. U.S. FIRE INS.


236 N.J. Super. 349 (1989)

565 A.2d 1113

DU-WEL PRODUCTS, INC., A MICHIGAN CORPORATION, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. UNITED STATES FIRE INSURANCE COMPANY, A NEW YORK CORPORATION, WESTCHESTER FIRE INSURANCE COMPANY, A NEW YORK CORPORATION, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS, AND CRUM AND FORSTER, INC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1989.


Attorney(s) appearing for the Case

Phillip R. Sellinger argued the cause for appellant/cross-respondent (Sills Beck Cummis Zuckerman Radin Tischman & Epstein, attorneys; Kenneth F. Oettle and Philip R. Sellinger, of counsel; Marc S. Berman, on the brief).

Kenneth A. Seltzer argued the cause for respondents/cross-appellants (Vitiello, Seltzer, Terkowitz & Vitiello, attorneys; Kenneth A. Seltzer, of counsel; Kimberly G. Kingsland and Kenneth A. Seltzer, on the brief).

Before Judges PRESSLER, LONG and LANDAU.


The opinion of the court was delivered by PRESSLER, P.J.A.D.

Plaintiff Du-Wel Products, Inc., a Michigan corporation, brought this declaratory judgment coverage action against its comprehensive general liability carriers, defendants United States Fire Insurance Company and Westchester Fire Insurance Company. It seeks recovery for a loss in excess of half-a-million dollars it incurred complying with a consent order...

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