BUILD. MATERIALS v. ALLSTATE INS.

Docket No. A-4444-09T3

38 A.3d 644 (2012)

424 N.J. Super. 448

BUILDING MATERIALS CORPORATION OF AMERICA d/b/a GAF Materials Corporation, Plaintiff-Appellant/Cross-Respondent, v. ALLSTATE INSURANCE COMPANY (as successor to Northbrook Excess & Surplus Insurance Company); American International Surplus Lines Insurance Company; Atlanta International Insurance Company; Birmingham Fire Insurance Company; Employers Casualty Company a/k/a Acceptance Casualty Company; Employers National Insurance Company; Gulf Insurance Company; Hartford Accident & Indemnity Company and Hartford Fire Insurance Company; Industrial Insurance Company of Hawaii, Limited a/k/a Westchester Surplus Lines Insurance Company; Certain Underwriters at Lloyd's London and Certain London Market Companies; Michigan Mutual Insurance Company a/k/a Amerisure Mutual Insurance Company; Mission National Insurance Company a/k/a Danielson National Insurance Company; New England Insurance Company; New England Reinsurance Corporation; Old Republic Insurance Company; Republic Insurance Company; Royal Indemnity Company; Safety National Casualty Corporation; Stonewall Insurance Company; Twin City Fire Insurance Company; Westchester Fire Insurance Company, Defendants, and National Union Fire Insurance Company of Pittsburgh, P.A., Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 2012.


Attorney(s) appearing for the Case

Robin L. Cohen argued the cause for appellant/cross-respondent (Kasowitz, Benson, Torres & Friedman, LLP, attorneys; Ms. Cohen and Elizabeth A. Sherwin , of counsel and on the brief).

Barbara I. Michaelides (Bates Carey Nicolaides LLP) of the Illinois bar, admitted pro hac vice, argued the cause for respondent/cross-appellant (Harwood Lloyd, LLC, and Ms. Michaelides , attorneys; Ms. Michaelides , Paula M. Carstensen (Bates Carey Nicolaides LLP) of the Illinois bar, admitted pro hac vice, Kevin D. Szczepanski (Hodgson Russ LLP) of the New York bar, admitted pro hac vice, Lisa A. Bauer (Hodgson Russ LLP) of the New York bar, admitted pro hac vice, Benjamin M. Zuffranieri, Jr . (Hodgson Russ LLP) of the New York bar, admitted pro hac vice, Michael B. Oropollo , and Peter E. Mueller , Hackensack, on the brief).

Before Judges SABATINO, ASHRAFI and FASCIALE.


The opinion of the court was delivered by

FASCIALE, J.A.D.

In this insurance coverage dispute, plaintiff Building Materials Corporation of America d/b/a GAF Materials Corporation (GAF) appeals from a judgment of no cause of action entered after a lengthy jury trial; and defendant National Union Fire Insurance Company of Pittsburgh, PA (National Union) cross-appeals from an order denying its motion for a new trial on its counterclaim. We affirm on the appeal...

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