McNeilab, Inc. v. North River Ins. Co.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtBarry
Citation831 F.2d 287
PartiesMcNeilab, Inc. v. North River Insurance Company, Transit Casualty Co., Employers Insurance of Wausau Aetna Casualty & Surety Co., American Centennial Insurance Company, Granite State Insurance Company, First State Insurance Company, Northbrook Excess & Surplus Insurance Company, Affiliated FM Insurance Company NO. 86-5751
Decision Date15 September 1987

Page 287

831 F.2d 287
McNeilab, Inc.
v.
North River Insurance Company, Transit Casualty Co.,
Employers Insurance of Wausau Aetna Casualty & Surety
Co., American Centennial Insurance Company, Granite
State Insurance Company, First State Insurance Company,
Northbrook Excess & Surplus Insurance Company,
Affiliated FM Insurance Company
NO. 86-5751
United States Court of Appeals,
Third Circuit.
SEP 15, 1987

Appeal From: D.N.J.,

Barry, J.,

645 F.Supp. 525

AFFIRMED.

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21 practice notes
  • Vargas v. Calabrese, Civ. A. No. 85-4725.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • June 1, 1989
    ...expectations should not be applied, see McNeilab, Inc. v. North River Ins. Co., 645 F.Supp. 525, 546-47 (D.N.J.1986), aff'd mem., 831 F.2d 287 (1987) (refusing to apply reasonable expectations principle where insured was larger than insurer because principle was founded on presumption of di......
  • United Technologies Corp. v. American Home Assur., No. 292 cv 00267 (JBA).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • March 31, 1997
    ...premium issue after finding ambiguity in the policy); McNeilab Inc. v. North River Ins. Co., 645 F.Supp. 525, 540 (D.N.J. 1986), aff'd, 831 F.2d 287 (3d Cir.1987) (same).19 Here, the plain terms of the agreement provide coverage for "real "A court will not torture words to import ambiguity ......
  • Pittston Co. v. Allianz Ins. Co., Civ. A. No. 90-3631.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • August 25, 1995
    ...premium paid is probative where coverage is in dispute. McNeilab, Inc. v. North River Ins. Co., 645 F.Supp. 525, 540 (D.N.J. 1986), aff'd, 831 F.2d 287 (3d Cir.1987). Contemporary documents, including a letter from the insured's broker, show that the premium was allocated between various ri......
  • Continental Ins. Co. v. Beecham, Inc., Civ. A. No. 88-2890(MTB).
    • United States
    • U.S. District Court — District of New Jersey
    • August 31, 1993
    ...Realty, 218 N.J.Super. at 528, 528 A.2d 76; McNeilab, Inc. v. North River Ins. Co., 645 F.Supp. 525, 537-39 (D.N.J.1986), aff'd mem., 831 F.2d 287 (3d Cir.1987). New Jersey recognizes, however, that on-site remediation costs incurred to prevent contamination of property owned by third parti......
  • Request a trial to view additional results
21 cases
  • Vargas v. Calabrese, Civ. A. No. 85-4725.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • June 1, 1989
    ...expectations should not be applied, see McNeilab, Inc. v. North River Ins. Co., 645 F.Supp. 525, 546-47 (D.N.J.1986), aff'd mem., 831 F.2d 287 (1987) (refusing to apply reasonable expectations principle where insured was larger than insurer because principle was founded on presumption of di......
  • United Technologies Corp. v. American Home Assur., No. 292 cv 00267 (JBA).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • March 31, 1997
    ...premium issue after finding ambiguity in the policy); McNeilab Inc. v. North River Ins. Co., 645 F.Supp. 525, 540 (D.N.J. 1986), aff'd, 831 F.2d 287 (3d Cir.1987) (same).19 Here, the plain terms of the agreement provide coverage for "real "A court will not torture words to import ambiguity ......
  • Pittston Co. v. Allianz Ins. Co., Civ. A. No. 90-3631.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • August 25, 1995
    ...premium paid is probative where coverage is in dispute. McNeilab, Inc. v. North River Ins. Co., 645 F.Supp. 525, 540 (D.N.J. 1986), aff'd, 831 F.2d 287 (3d Cir.1987). Contemporary documents, including a letter from the insured's broker, show that the premium was allocated between various ri......
  • Continental Ins. Co. v. Beecham, Inc., Civ. A. No. 88-2890(MTB).
    • United States
    • U.S. District Court — District of New Jersey
    • August 31, 1993
    ...Realty, 218 N.J.Super. at 528, 528 A.2d 76; McNeilab, Inc. v. North River Ins. Co., 645 F.Supp. 525, 537-39 (D.N.J.1986), aff'd mem., 831 F.2d 287 (3d Cir.1987). New Jersey recognizes, however, that on-site remediation costs incurred to prevent contamination of property owned by third parti......
  • Request a trial to view additional results

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