Carpenter Technology Corp. v. Admiral Insurance

800 A.2d 54, 172 N.J. 504, 2002 N.J. LEXIS 739
CourtSupreme Court of New Jersey
DecidedJune 17, 2002
StatusPublished
Cited by31 cases

This text of 800 A.2d 54 (Carpenter Technology Corp. v. Admiral Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carpenter Technology Corp. v. Admiral Insurance, 800 A.2d 54, 172 N.J. 504, 2002 N.J. LEXIS 739 (N.J. 2002).

Opinions

The opinion of the Court was delivered by

ZAZZALI, J.

The State of New Jersey and the United States identified Carpenter Technology Corporation (Carpenter), a corporation with its principal place of business in Pennsylvania, as a potentially responsible party (PRP) for environmental contamination at four sites in New Jersey. In response, Carpenter commenced a declaratory judgment action in which it sought a declaration of coverage for the claims under multiple insurance policies issued by [508]*508defendant insurance companies. Three of Carpenter’s insurers became insolvent and, as a result, the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) and the Pennsylvania Property and Casualty Insurance Guaranty Association (PPCIGA) (formerly known as the Pennsylvania Insurance Guaranty Association (PIGA)) were added as defendants.

PPCIGA is the primarily-liable guaranty association because any entity that may recover from more than one insurance guaranty association shall seek recovery first from the association of the residence of the insured. N.J.S.A 17:30A-12a. The issue in this appeal is the amount of credit to which NJPLIGA is entitled because of PPCIGA’s primary liability. The trial court concluded that NJPLIGA is entitled to a credit per “covered claim” of $299,900, which represents the maximum statutory amount PPCI-GA could tender Carpenter under Pennsylvania law. The Appellate Division rejected that conclusion, holding that NJPLIGA is entitled only to a credit for the amount PPCIGA actually paid Carpenter in settlement of each covered claim. We conclude that the Appellate Division’s holding contravenes the Legislature’s intent in creating New Jersey’s insurance guaranty association. We therefore reverse.

I

In 1974, our Legislature enacted the New Jersey Property-Liability Insurance Guaranty Association Act, N.J.S.A. 17:30A-1 to -20(Aet). The Act requires that all insurers in New Jersey, with limited exceptions, join NJPLIGA in order to transact business. Railroad Roofing & Bldg. Supply Co. v. Financial Fire & Cas. Co., 85 N.J. 384, 389-90, 427 A.2d 66 (1981); N.J.S.A. 17:30A-6. NJPLIGA is obligated to assume the contractual obligations of an insolvent insurer and to pay certain claims up to the limit of the policyholder’s contract, subject to a maximum liability of $300,000. N.J.S.A. 17:30A-8a(l). In order to fund those claims, the Act authorizes NJPLIGA to collect assessments from member insurers that are used to pay both “covered claims,” [509]*509N.J.S.A. 17:30A-5d, and the Association’s costs and expenses, N.J.S.A. 17:30A-8a(3). Member insurers can seek to recoup the amount of the assessment from their insureds by adding a surcharge on policy premiums. N.J.S.A. 17:30A-16a.

In 1994, the New Jersey Department of Environmental Protection (NJDEP) and the United States Environmental Protection Agency (EPA) identified Carpenter, incorporated under the laws of Delaware with its principal place of business in Pennsylvania, as a PRP for property damage and environmental contamination at four sites in New Jersey, two sites in Pennsylvania, and one site in Maryland. At the time Carpenter filed its declaratory judgment action, Carpenter manufactured specialty steel products and operated manufacturing plants in Pennsylvania and New Jersey. According to Carpenter’s complaint, the property damage at the four New Jersey sites was due to either the treatment or,recycling of manufacturing by-products, or in the case of one site where Carpenter operated an underground facility for storing solvents, the damage resulted from the leakage of chemicals such as Trichloroethylene (TCE). TCE is commonly used in manufacturing to degrease machine parts. Toxicological Profile for Trichlo-roethylene. U.S. Public Health Service, U.S. Dep’t of Health and Human Servs., Atlanta, GA 1993. TCE is “between a probable and possible human carcinogen.” U.S. Environmental Protection Agency, 63 FR 34338 (June 24,1998).

Carpenter maintained primary umbrella and excess comprehensive general liability insurance to cover liabilities resulting from its manufacturing operations. Under the terms of the policies, each insurer agreed to defend and indemnify Carpenter for all liabilities to third parties. The policies covered claims brought by state and federal agencies for environmental damage that Carpenter caused by discharging waste materials and by-products into the environment.

Like NJPLIGA, PPCIGA is a property-liability insurance guaranty association created by Pennsylvania statute to provide limited relief to policyholders and claimants in the event of insurance [510]*510company insolvencies. Under both the New Jersey and Pennsylvania statutory schemes, if a potential claimant can make a claim against either guaranty association, the claimant must seek recovery first from the guaranty association of the state in which it resides. N.J.S.A. 17:30A-12; 40 Pa. Stat. Ann. § 1701.503. NJPLIGA’s maximum statutory limit per “covered claim” is $300,000. N.J.S.A. 17:30A-8. PPCIGA’s maximum statutory limit per “covered claim” is $299,900. 40 Pa. Stat. Ann. § 1701.203.

In 1993, Carpenter filed a complaint seeking declaratory relief requiring its insurers to defend Carpenter in any litigation and to indemnify Carpenter for all past, present or future losses and expenses in accordance with the liability coverage for environmental clean-up and remediation of the four New Jersey sites. As discussed, at the time Carpenter filed suit, three of Carpenter’s insurers were insolvent. Accordingly, Carpenter sought statutory benefits from PPCIGA and NJPLIGA pursuant to 40 Penn. Stat. Ann. § 991.1801 to 991.1820 and N.J.S.A. 17:30A-1 to -20 respectively.1 Both PPCIGA and NJPLIGA denied Carpenter’s claims for statutory benefits. Carpenter, PPCIGA, and NJPLIGA moved for summary judgment. Carpenter admitted it was a Pennsylvania resident for insurance guaranty association purposes.

The trial court granted partial summary judgment to NJPLIGA and determined that PPCIGA was the primary payor in respect of the four New Jersey sites. The court noted that because Carpenter’s corporate residence was in Pennsylvania, Carpenter was not a New Jersey policyholder. The court also found that the premiums Carpenter paid to the insolvent insurers were used to calculate the assessments paid to PPCIGA and not NJPLIGA. Accordingly, NJPLIGA’s liability to Carpenter, if any, would be secondary. Carpenter does not challenge that determination.

[511]*511The trial court also determined that NJPLIGA’s maximum obligation to Carpenter in respect of the New Jersey sites was equal to its maximum statutory limit of $300,000 per “covered claim.” Further, the court determined that the $300,000 limit should be reduced by a credit attributable to PPCIGA’s payment to Carpenter under N.J.S.A 17:30A-12a, but did not determine the amount of the reduction. The trial court calculated Carpenter’s past damages attributable to the New Jersey sites to be $20,289,864.

The parties engaged in settlement negotiations. NJPLIGA participated in but later withdrew from those negotiations. In 1997, Carpenter settled with PPCIGA.

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800 A.2d 54, 172 N.J. 504, 2002 N.J. LEXIS 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-technology-corp-v-admiral-insurance-nj-2002.