NJ Appeals Court Alters Pro Rata System For Carriers

Law360, New York (April 20, 2009, 12:00 AM EDT) -- With two insurance companies sparring over the amount each has to pay for remediation at a property, a New Jersey appeals court has affirmed the trial court's ruling and allocated the cleanup costs without regard to the contamination that may have occurred under the previous homeowner's insurance policy.

Judges Michael Winkelstein, Jose L. Fuentes and Amy P. Chambers of the Superior Court of New Jersey Appellate Division applied the “continuous trigger” theory adopted by the state Supreme Court to assess insurers' cleanup costs for contamination that...
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