Carter-Wallace, Inc. v. Admiral Insurance

The opinion of the Court was delivered by

STEIN, J.

This appeal involves the availability and allocation of insurance coverage for costs incurred at an environmental cleanup site in Monmouth County. Specifically, it requires us to determine how the responsibility of an excess insurer is measured in the context of environmental damage with a continuous trigger of liability over many years. Also presented are the issues whether an insurer bears the burden of proving that environmental contamination was “expected” or “intended” by a policyholder, and whether a trial court must instruct a jury…