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SENSIENT COLORS INC. v. ALLSTATE INS.

939 A.2d 767 (2008)

193 N.J. 373

SENSIENT COLORS INC., Plaintiff-Respondent, v. ALLSTATE INSURANCE COMPANY, f/k/a Northbrook Insurance Company, American Motorists Insurance Company, Federal Insurance Company, Fidelity & Casualty Company of New York, Fireman's Fund Insurance Company, Hartford Accident & Indemnity Company, Highlands Insurance Company, Intergrity Insurance Company, Interstate Fire & Casualty Company, Lloyds of London and British Companies, New Jersey Property Liability Insurance Guaranty Association, Old Republic Insurance Company, Pine Top Insurance Company, Royal Insurance Company, Twin City Fire Insurance Company, Westport Insurance Corporation, f/k/a Puritan Insurance Company and XYZ Insurance Companies, Defendants, and Executive Risk Indemnity Inc., f/k/a American Excess Insurance Co., Liberty Mutual Insurance Company and Zurich American Insurance Company, Defendants-Appellants.

Supreme Court of New Jersey.

Decided January 29, 2008.

Attorney(s) appearing for the Case

Robert W. Muilenburg, Morristown and Brian J. Whiteman, Newark, argued the cause for appellants (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys for Liberty Mutual Insurance Company and Coughlin Duffy, attorneys for Zurich American Insurance Company, Successor-in-Interest to Zurich Insurance Company (U.S.Branch); Mr. Muilenburg, Mr. Whiteman, Thomas F. Quinn and Karen H. Moriarty, of counsel and on the briefs).

Donald W. Kiel, Newark, argued the cause for respondent Sensient Colors Inc. (Kirkpatrick & Lockhart Nicholson Graham, attorneys; Mr. Kiel, David S. Kwon, Robert F. Pawlowski and Elizabeth M. Harris, on the brief).

Steven D. Cantarutti, Princeton, submitted a letter in lieu of brief on behalf of appellant Executive Risk Indemnity Inc., f/k/a American Excess Insurance Co. (Smith Stratton, attorneys).

Justice ALBIN delivered the opinion of the Court.

The proper functioning of our federal system requires that courts of sister states, when appropriate, extend comity to one another. In this appeal, with similar lawsuits in two different state court systems, we must determine the legal principles that govern when a New Jersey court should defer to another jurisdiction's courts.

This case involves similar environmental...

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