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NL INDUSTRIES, INC. v. COMMERCIAL UNION INS. COS.

Civ. No. 90-2125 (WHW).

926 F.Supp. 1213 (1996)

NL INDUSTRIES, INC., Plaintiff, v. COMMERCIAL UNION INS. COS., Defendant. COMMERCIAL UNION INS. COS., Third-Party Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, et al., Third-Party Defendants. NL INDUSTRIES, INC., Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, et al., Third-Party Defendants.

United States District Court, D. New Jersey.

As Amended June 11, 1996.

Attorney(s) appearing for the Case

Andrew T. Berry, Kevin J. Connell, McCarter & English, Newark, New Jersey, for Plaintiff NL Industries, Inc.

Joni F. Mason, Rivkin, Radler & Kremer, Newark, New Jersey, for Defendant Commercial Union Insurance Co.

Michael J. O'Mara, Crawshaw, Mayfield, Riordan, Turner, O'Mara, Donnelly, Thomas & McBride, Cherry Hill, New Jersey, for Defendant Lexington Insurance Co.

Joseph R. McDonough, Graham, Curtin & Sheridan, Morristown, New Jersey, for Defendant Insurance Company of North America.

Mitchell S. Cohen, Mound, Cotton & Wollan, New York City, for Defendant International Insurance Co.

Edward G. D'Alessandro, Jr., D'Alessandro & Jacovino, Florham Park, New Jersey, for Defendant International Surplus Lines Insurance Co.

William B. McGuire, Tompkins, McGuire & Wachenfeld, Newark, New Jersey, for Defendant Certain Underwriters at Lloyd's.

Agnes A. Reiss, Cuyler Burk, Parsippany, New Jersey, for Allstate Insurance Co., successor-in-interest to Defendant Northbrook Excess and Surplus Insurance Co.

OPINION

WALLS, District Judge.

In this action, NL Industries, Inc. ("NL") seeks a declaration of the responsibilities of the defendants and third-party defendants under various comprehensive general liability ("CGL") and environmental impairment liability ("EIL") insurance policies for NL's liability for property damage and bodily injury allegedly resulting from environmental contamination at various sites (the "environmental claims") and exposure to chemicals...

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