N.J. Appellate Panel Reinstates Getty Pollution Coverage Action

NEWARK, N.J. — A New Jersey appellate panel has reinstated a pollution coverage action filed by Getty Properties Corp., ruling the trial court erred in dismissing the case in favor of the insurers’ first-filed New York declaratory judgment action because it did not consider New Jersey’s dominant interest in the dispute.

In a Dec. 30 order, the New Jersey Appellate Division said the trial court should have recognized “New Jersey's interest in remediating environmental contamination within its borders, and the associated coverage issues, as being a special equity worthy of consideration.”

Getty Properties Corp. is seeking indemnification from its insurers, …