American Employers' Insurance v. Elf Atochem North America, Inc.

The opinion of the Court was delivered by

OHERN, J.

“In the arena of environmental insurance law, it sometimes appears that just as soon as one issue of importance is resolved, like Hydra, the many-headed serpent in Greek mythology, at least two new issues arise to replace it.” General Accident Ins. Co. of America v. Department of Envtl. Protection, 148 N.J. 462, 463-64, 672 A.2d 1154 (1996) (quoting Jeffrey L. Fillerup and Dominic S. Nesbitt, The Duty to Defend: Post-Montrose Issues, 718 PLI/Comm. 49 (PLI Commercial Law and Practice Course Handbook Series No. 4477, May-June 1995)). One such…