Law360, New York (June 08, 2012, 7:15 PM ET) -- A New Jersey appeals court on Friday refused to revive a heating oil delivery company's suit for pollution litigation defense costs against a state guaranty entity for insolvent insurers, rejecting arguments that a lower court erred by looking beyond the face of the underlying complaint.
Spartan Oil Co.'s claim against the New Jersey Property-Liability Insurance Guaranty Association was trumped by a policy exclusion precluding coverage for discharged pollutants after they are “finally delivered,” the appeals court found, backing summary judgment for the association.
“Because Spartan had...
NJ Court Denies Pollution Suit Coverage For Heating Oil Co.
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