MORTON INTERNATIONAL, INC., SUCCESSOR TO MORTON THIOKOL, INC., NOW NAMED THIOKOL CORPORATION, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, DEFENDANT-RESPONDENT, CROSS-APPELLANT, AND LIBERTY MUTUAL INSURANCE COMPANY, AFFILIATED FM INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY, FIRST STATE INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, UNDERWRITERS AT LLOYDS, LONDON, DEFENDANTS-RESPONDENTS, AND AETNA CASUALTY & SURETY COMPANY, ET AL., DEFENDANTS, 266 N.J. Super. 300

Summary

State Department of Environmental Protection (DEP) prevailed in a suit alleging that the owner of a mercury processing facility was polluting, and the owner was held liable for clean-up costs. Plaintiff, the owner's successor, sought a declaratory judgment that defendants, insurance carriers, were obligated to provide indemnification and a defense on the DEP's suit. The trial court found that plaintiff knew that property was being polluted and that it was, in fact, intentional. Only one defendant was held liable. Plaintiff maintained that the trial judge improperly acted as factfinder on the summary judgment motion with respect to the issue of intent. The court concluded that plaintiff's expectation, intent, and conduct became indistinguishable, and that throwing toxic waste into meadowlands was no accident. Substantial environmental pollution over a long period was manifest in the record. The court affirmed the conclusion that, as a matter of law, plaintiff intended to cause harm to ...