Quincy Mut. Fire Ins. Co. v. Borough of Bellmawr, 172 N.J. 409, 799 A.2d 499 (2002)

Practice Areas: Appellate Practice, Environmental & Toxic Tort Litigation

A town’s comprehensive general liability (CGL) insurer brought action against town and other insurers to establish a lack of coverage or recover contribution. The Superior Court, Law Division, Camden County, ruled against the town’s insurer. It appealed. The Superior Court, Appellate Division, Lesemann, J.A.D., 338 N.J.Super. 395, 769 A.2d 1053, affirmed. Certification was granted. The Supreme Court, Stein, J., held that: (1) depositing toxic chemicals into landfill was trigger under the continuous trigger theory of coverage; (2) policy in effect when the town deposited the chemicals provided coverage, even though the contaminants leached into the groundwater after expiration of the policy; and (3) allocation among the insurers needed to reflect days, not years, on the risk.

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