Polarome Manufacturing Co. v. Commerce & Industry Insurance

The opinion of the court was delivered by

CARCHMAN, J.S.C.

(temporarily assigned).

' This is an insurance coverage case the disposition of which is dependent on whether New York or New Jersey law applies. If New York law applies, plaintiffs failure to provide timely notice to the insurer warrants a dismissal of plaintiffs declaratory judgment action seeking coverage. Applying the choice-of-law analysis mandated by the Supreme Court in State Farm Auto. Ins. Co. v. Estate of Simmons, 84 N.J. 28, 417 A.2d 488 (1980), and The Gilbert Spruance Co. v. Pennsylvania Manufacturers’ Ass’n Ins. Co., 134…