NL Industries, Inc. v. Commercial Union Insurance

OPINION OF THE COURT

WEIS, Circuit Judge,

In this case, we are called upon to answer as a controlling question of law whether the law of the forum — New Jersey — applies to liability insurance policies covering environmental damage claims arising out of numerous sites in many states. We answer that, in the circumstances here, New Jersey choice of law rules point to the law of the state where the insured had its principal place of business and executed the policies. If, however, that law differs from that of the state where the waste site is located, then the law of the waste site will apply.

This…