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A & S FUEL OIL v. ROYAL INDEM

279 N.J. Super. 367 (1995)

652 A.2d 1236

A & S FUEL OIL COMPANY, INC., PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. ROYAL INDEMNITY COMPANY, INC., (A/K/A ROYAL INSURANCE), DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND EMAR GROUP, INC., WALSH GROUP, INC., EMIL SOLOMINE, AN INDIVIDUAL AND GARY VICARO, AN INDIVIDUAL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 1995.

Attorney(s) appearing for the Case

Stephen B. Fenster argued the cause for Royal Indemnity Company, Inc. (Gallo Geffner Fenster, attorneys; Mr. Fenster and Valerie A. Vladyka, on the brief).

Donald P. Fedderly argued the cause for A & S Fuel Oil Company, Inc.

Smith, Stratton, Wise, Heher & Brennan, attorneys for Insurance Environmental Litigation Association, amicus curiae.

Before Judges GAULKIN, BAIME and KESTIN.

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

While transporting a load of heating oil along Route 44 in Netcong, a fuel truck owned and operated by plaintiff A & S Fuel Oil Company, Inc. (A & S) developed a leak that ultimately spilled some 600 gallons of oil into the Musconetcong River. A & S was required to contain and remediate the spill, which it did at a cost

[279 N.J. Super. 369]
of approximately $75,000...

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