Carter-Wallace, Inc., a Corporation of the State of Delaware, Plaintiff-Respondent v. Admiral Insurance Company, a…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s decision, modifying the trial court’s allocation of insurance coverage for environmental cleanup costs. It held that excess insurers are allocated loss on a pro‑rata basis reflecting the risk assumed each year, that the insurer bears the burden of proving the insured expected or intended the contamination, and that the trial court’s refusal to give a Morton "exceptional circumstances" instruction was not error.