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

Summary

The New Jersey Supreme Court affirmed the Appellate Division, holding that under the Owens-Illinois continuous‑trigger framework an insured must satisfy the full per‑occurrence deductible for each policy triggered by a progressive environmental injury before any coverage is owed. The Court rejected the insured’s proposals to prorate deductibles or to select a single policy for defense, emphasizing the plain meaning of the deductible endorsement and the binding nature of the Owens‑Illinois allocation scheme.