Legal Opinion

Ciba-Geigy Corp. v. Liberty Mutual Insurance

Supreme Court of New Jersey

Decided May 12, 1997PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the Court was delivered by

POLLOCK, J.

These appeals pose the issue whether a constitutional right to a jury trial exists in an action for a declaratory judgment concerning claims against insurers for breach of contract and the recovery of future remediation costs. Resolution of the issue depends on whether such an action is more like a traditional common-law action for damages or one for equitable relief.

In Ciba-Geigy v. Liberty Mutual Insurance Co., plaintiff Ciba-Geigy Corporation (“Ciba-Geigy”) sued its insurers seeking a judgment declaring that the insurers are obligated to…

2Cases cited30 opinions

  1. Ross v. BernhardSupreme Court of the United States · 1969
  2. Minneapolis & St. Louis Railroad v. BombolisSupreme Court of the United States · 1916
  3. Morton International, Inc. v. General Accident InsuranceSupreme Court of New Jersey · 1993
  4. Shaner v. Horizon Bancorp.Supreme Court of New Jersey · 1989
  5. In Re Application of LiVolsiSupreme Court of New Jersey · 1981

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3Cited by6 opinions

  1. Wood v. New Jersey Manufacturers InsuranceSupreme Court of New Jersey · 2011
  2. Environmental Ins. Declaratory Judgment ActionsSupreme Court of New Jersey · 1997
  3. Acushnet Co. v. Coaters, Inc.District Court, D. Massachusetts · 1997
  4. Labor Ready Northeast, Inc. v. Director, Division of TaxationNew Jersey Tax Court · 2011
  5. In the Matter of the New Jersey Firemen's AssociationNew Jersey Superior Court Appellate Division · 2015

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