American Policy Holders Insurance v. Nyacol Products, Inc.

I.BACKGROUND

At bottom, this case involves a dispute between an insured and several insurers concerning the latter’s responsibiliiy for payment of various charges assessed against the former in connection with the clean-up of a hazardous waste site. One insurer, American Policy Holders Insurance Company (“API”), commenced this action against the insured, Nyacol Products, Inc. (“Nyacol”). Nyacol in turn, impleaded two other insurers, Commercial Union Insurance Company (“Commercial”) and Utica Mutual Insurance Company (“Utica”).

After the pleadings were completed, API filed a motion for partial…