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IN RE LIQUIDATION OF INTEG. INS.

Docket Nos. A-3850-10T1, A-5191-10T1.

49 A.3d 428 (2012)

427 N.J. Super. 521

In the Matter of the LIQUIDATION OF INTEGRITY INSURANCE COMPANY/SEPCO CORPORATION. In the Matter of the Liquidation of Integrity Insurance Company/Mine Safety Appliances Company.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 2012.

Attorney(s) appearing for the Case

Richard D. Shore (Gilbert, L.L.P.) of the D.C. Bar, admitted pro hac vice, argued the cause for appellant Sepco Corporation (The Killian Firm, P.C., and Mr. Shore , attorneys; Ryan Milun , Eugene Killian, Jr. , Jonathan M. Cohen (Gilbert, L.L.P.) of the D.C. Bar, admitted pro hac vice, and David B. Killalea (Gilbert, L.L.P.) of the D.C. Bar, admitted pro hac vice, on the briefs).

Jay M. Levin argued the cause for appellant Mine Safety Appliances Company (Reed Smith L.L.P., attorneys; Mr. Levin and Jennifer D. Katz , on the briefs).

Daniel Hargraves (Hargraves McConnell & Costigan, P.C.) of the New York Bar, admitted pro hac vice, argued the causes for respondent Thomas B. Considine, Commissioner of Banking and Insurance of the State of New Jersey in his capacity as Liquidator of Integrity Insurance Company (Golub & Isabel, P.C., and Mr. Hargraves , attorneys; Thomas J. Perry , Parsippany, and Mr. Hargraves , on the briefs).

Before Judges PAYNE, SIMONELLI and HAYDEN.

The opinion of the court was delivered by

PAYNE, P.J.A.D.

These two appeals, which were argued back-to-back, raise the same issue of the application of conflict of law principles to breach of contract actions filed by claimants Sepco Corporation and Mine Safety Appliances Company (MSA) against Integrity Insurance Company in Liquidation, following the denial of the claims of each by Integrity's Liquidator, as based on an improper method of allocating loss,...

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