Benjamin Moore & Co., Plaintiff-Appellant v. Aetna Casualty & Surety Company, Agricultural Excess & Surplus…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that in a long‑tail environmental exposure case the insured must satisfy the full per‑occurrence deductible for each policy triggered under the Owens‑Illinois continuous‑trigger framework before any insurance coverage is payable. The Court relied on its prior Owens‑Illinois, Carter‑Wallace and Spaulding decisions and found the policy language clear and unambiguous. A dissent by Justice Albin, joined by Justice Zazzali, argued that the deductible rule is inequitable and should be prorated. The dissent is summarized separately.