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PERMACEL v. AMERICAN INS. CO.

299 N.J. Super. 400 (1997)

PERMACEL, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. AMERICAN INSURANCE COMPANY AND INSURANCE COMPANY OF NORTH AMERICA, DEFENDANTS-RESPONDENTS, AND FIREMAN'S FUND INS. CO., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1997.

Attorney(s) appearing for the Case

Diane A. Bettino argued the cause for appellant (Picco Herbert Kennedy, P.C., attorneys; Steven J. Picco, of counsel and on the brief, with Ms. Bettino).

Julius F. Harms argued the cause for respondent American Insurance Company (Caron, McCormick, Gordon & Constants, attorneys; Mr. Harms, on the brief).

Paul R. Koepff, of the New York Bar, admitted pro hac vice, for respondent Insurance Company of North America (Graham, Curtin & Sheridan, attorneys; Joseph R. McDonough, Mr. Koepff, and Joseph E. Boury, on the brief).

Before Judges HAVEY, KESTIN and EICHEN.

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

Permacel, Inc. (Permacel), a New Jersey corporation, appeals from summary judgment orders in favor of defendant-carriers, which provide that the laws of New York, Connecticut and Maryland apply in interpreting a "pollution exclusion" clause contained in defendants' comprehensive general liability (CGL) policies. Permacel generated hazardous waste in its New Jersey plant and shipped it to five sites in New York...

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