No Coverage Owed For Underlying Environmental Contamination Suit, Panel Says

Mealey's (March 13, 2023, 3:53 PM EDT) -- TRENTON, N.J. — A panel of the New Jersey Superior Court Appellate Division affirmed a trial court’s ruling that a prior or pending litigation exclusion bars coverage for an environmental contamination lawsuit filed against an insured by the New Jersey Department of Environmental Protection (NJDEP), agreeing with the court’s finding that an administrative consent order issued by the NJDEP more than 30 years ago constitutes a prior claim under the policy at issue....