Farmers Mutual Fire Insurance Company Of Salem v. New Jersey Property-Liability Insurance Guaranty Association, — N.J. Super. – (App Div. 2011)
Practice Areas: Environmental & Toxic Tort Litigation
Action for indemnification of an insolvent insurer’s share of environmental cleanup costs. The Appellate Division held that pursuant to the 2004 amendment to the New Jersey Property-Liability Insurance Guaranty Association Act, N.J.S.A. 17:30A-1 to -20, PLIGA is not required to pay statutory benefits until all benefits from solvent insurers have been exhausted. Further, the Appellate Court confirmed that the Spill Act does not supersede the PLIGA Act where, as here, the action is among insurers rather than parties who are responsible for the contamination.