IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

General Refractories Company,

 Plaintiff,

v.

First State Insurance Co., i/c/o Hartford 

Accident & Indemnity Co., Westport Insurance 

Corporation f/k/a or successor to Puritan 

Insurance Company, Lexington Insurance 

Company, Centennial Insurance Company, 

Granite State Insurance Company, Potomac 

Insurance Co. of Illinois, Hartford Accident 

and Indemnity Co., Government Employees 

Insurance Co., Republic Insurance Company, 

Sentry Insurance Company, f/k/a or successor 

to Vanliner Insurance Company and f/k/a or 

successor to Great SW Fire Insurance CO., 

American International Ins. Co., AIU 

Insurance Company, Harbor Insurance 

Company, St. Paul Travelers f/k/a or successor 

to Aetna Casualty & Surety Company, 

American Empire Insurance Co., and ACE 

USA,

 Defendants.

Hon.

Civil Action No. 04CV3509

ANSWER TO COMPLAINT, SEPARATE DEFENSES, CROSSCLAIM

AND JURY DEMAND OF DEFENDANT, CENTENNIAL INSURANCE COMPANY

Defendant, Centennial Insurance Company (“Centennial”), by its undersigned counsel 

and as its Answer to the Complaint, alleges and says:

AS TO THE NATURE OF ACTION

1. Centennial denies the allegations of paragraph 1 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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AS TO THE PARTIES

2. Centennial denies the allegations of paragraph 2 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

3. Centennial denies the allegations of paragraph 3 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

4. Centennial denies the allegations of paragraph 4 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

5. Centennial denies the allegations of paragraph 5 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

6. Centennial admits the allegations of paragraph 6.

7. Centennial denies the allegations of paragraph 7 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

8. Centennial denies the allegations of paragraph 8 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

9. Centennial denies the allegations of paragraph 9 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

10. Centennial denies the allegations of paragraph 10 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

11. Centennial denies the allegations of paragraph 11 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

12. Centennial denies the allegations of paragraph 12 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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13. Centennial denies the allegations of paragraph 13 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

14. Centennial denies the allegations of paragraph 14 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

15. Centennial denies the allegations of paragraph 15 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

16. Centennial denies the allegations of paragraph 16 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

17. Centennial denies the allegations of paragraph 17 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

18. Centennial denies the allegations of paragraph 18 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

19. Centennial denies the allegations of paragraph 19 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

AS TO JURISDICTION AND VENUE

20. Centennial denies the allegations of paragraph 20 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

21. Centennial denies the allegations of paragraph 21 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

AS TO THE FACTUAL BACKGROUND

22. Centennial denies the allegations of paragraph 22 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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23. Centennial denies the allegations of paragraph 23 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

24. Centennial denies the allegations of paragraph 24 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

25. Centennial denies the allegations of paragraph 25 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

26. Centennial admits so much of the allegations of paragraph 26 as allege that 

plaintiff purchased two policies of insurance from Centennial bearing, respectively, policy 

numbers 462-018899 and 462-019610, and states that the terms, conditions, exclusions, limits of 

liability, and policy period of said policies speak for themselves. Centennial denies the balance 

of the allegations of said paragraph.

27. Centennial admits so much of the allegations of paragraph 27 as allege that 

plaintiff purchased two policies of insurance from Centennial bearing, respectively, policy 

numbers 462-018899 and 462-019610, and states that the terms, conditions, exclusions, limits of 

liability, and policy period of said policies speak for themselves. Centennial denies the balance 

of the allegations of said paragraph.

28. Centennial denies the allegations of paragraph 28 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

29. Centennial denies so much of the allegations of paragraph 29 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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30. Centennial denies so much of the allegations of paragraph 30 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

31. Centennial denies so much of the allegations of paragraph 31 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

32. Centennial denies the allegations of paragraph 32 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

33. Centennial denies the allegations of paragraph 33 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

34. Centennial admits so much of the allegations of paragraph 34 as allege that 

plaintiff contacted Centennial in 2002 to demand insurance coverage from Centennial for the 

underlying actions under the policies issued by Centennial and also admits that the Centennial 

policies exclude coverage for the underlying actions. Centennial denies the balance of the 

allegations of said paragraph as it lacks knowledge or information sufficient to form a belief as to 

the truth thereof.

35. Centennial admits so much of the allegations of paragraph 35 as allege that 

Centennial has advised plaintiff that Centennial has no duty to defend, pay for the defense of, 

indemnify, or pay on behalf o plaintiff in the underlying actions under the terms of the 

Centennial policies, and denies the balance of the allegations of said paragraph as it lacks 

knowledge or information sufficient to form a belief as to the truth thereof.

36. Centennial denies the allegations of paragraph 36 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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37. Centennial denies the allegations of paragraph 37 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

38. Centennial denies so much of the allegations of paragraph 38 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

39. Centennial denies so much of the allegations of paragraph 39 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

40. Centennial denies so much of the allegations of paragraph 40 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

41. Centennial denies so much of the allegations of paragraph 41 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

42. Centennial denies so much of the allegations of paragraph 42 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

43. Centennial denies so much of the allegations of paragraph 43 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

44. Centennial denies so much of the allegations of paragraph 44 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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45. Centennial denies the allegations of paragraph 45 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

46. Centennial denies the allegations of paragraph 46 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

47. Centennial denies the allegations of paragraph 47 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

48. Centennial denies the allegations of paragraph 48 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

49. Centennial denies so much of the allegations of paragraph 49 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

50. Centennial denies so much of the allegations of paragraph 50 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

51. Centennial denies the allegations of paragraph 51 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

52. Centennial denies the allegations of paragraph 52 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

53. Centennial denies the allegations of paragraph 53 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

54. Centennial denies the allegations of paragraph 54 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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55. Centennial denies the allegations of paragraph 55 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

56. Centennial denies so much of the allegations of paragraph 56 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

57. Centennial denies so much of the allegations of paragraph 57 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

58. Centennial denies so much of the allegations of paragraph 58 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

AS TO COUNT I

59. Centennial repeats and realleges its responses to all prior paragraphs in response 

to the allegations of paragraph 59.

60. Centennial denies so much of the allegations of paragraph 60 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

61. Centennial denies so much of the allegations of paragraph 61 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

62. Centennial denies so much of the allegations of paragraph 62 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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63. Centennial denies so much of the allegations of paragraph 63 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

64. Centennial denies so much of the allegations of paragraph 64 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

65. Centennial denies so much of the allegations of paragraph 65 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

66. Centennial denies the allegations of paragraph 66 as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

AS TO COUNT II

67. Centennial repeats and realleges its responses to all prior paragraphs in response 

to the allegations of paragraph 67.

68. Centennial denies so much of the allegations of paragraph 68 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

69. Centennial denies so much of the allegations of paragraph 69 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

70. Centennial denies so much of the allegations of paragraph 70 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

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71. Centennial denies so much of the allegations of paragraph 71 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

72. Centennial denies so much of the allegations of paragraph 72 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

73. Centennial denies so much of the allegations of paragraph 73 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

74. Centennial denies so much of the allegations of paragraph 74 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

75. Centennial denies so much of the allegations of paragraph 75 as are directed 

against it and denies the balance of the allegations of said paragraph as it lacks knowledge or 

information sufficient to form a belief as to the truth thereof.

FIRST SEPARATE DEFENSE

The Complaint fails to state a claim against Centennial on which relief can be granted.

SECOND SEPARATE DEFENSE

The causes of action alleged in the Complaint are barred as to Centennial by the doctrine 

of estoppel.

THIRD SEPARATE DEFENSE

The causes of action alleged in the Complaint are barred as to Centennial by the doctrine 

of waiver.

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FOURTH SEPARATE DEFENSE

The causes of action alleged in the Complaint are barred as to Centennial by the doctrine 

of laches.

FIFTH SEPARATE DEFENSE

Centennial has no duty to defend or indemnify plaintiff for the claims made against it in 

the underlying actions under the terms of the Centennial policies because said claims come 

within the scope of the exclusion in the Centennial policies for asbestosis or any similar 

condition caused by asbestos.

SIXTH SEPARATE DEFENSE

To the extent Centennial has any duty to indemnify plaintiff for the claims made in the 

underlying actions, which Centennial denies, Centennial’s obligation is limited to an obligation 

to indemnify only for “bodily injury” within the meaning of that term in the Centennial policies.

SEVENTH SEPARATE DEFENSE

To the extent that Centennial has any duty to indemnify plaintiff for the claims made in 

the underlying actions, which Centennial denies, Centennial’s obligation is limited to an 

obligation to indemnify only for “ultimate net loss” within the meaning of that term in the 

Centennial policies.

EIGHTH SEPARATE DEFENSE

To the extent Centennial has any duty to indemnify plaintiff for the claims made in the 

underlying actions, which Centennial denies, Centennial’s obligation is limited to an obligation 

to indemnify only for “bodily injury” within the meaning of that term in the Centennial policies 

that occurs within the period of a Centennial policy.

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NINTH SEPARATE DEFENSE

To the extent that Centennial has a duty to defend, pay for the defense of, indemnify, or 

pay on behalf of plaintiff in the underlying actions, which Centennial denies, its obligation is 

governed in all respects by the other insurance clauses appearing in the Centennial policies and 

any other policies issued to plaintiff.

TENTH SEPARATE DEFENSE

To the extent that Centennial has any duty to indemnify plaintiff in the underlying 

actions, which Centennial denies, Centennial’s obligation is limited to a duty to indemnify for 

damages for “bodily injury” caused by an “occurrence” within the meaning of that term in the 

Centennial policies.

ELEVENTH SEPARATE DEFENSE

To the extent that Centennial has any duty to defend or indemnify plaintiff in the 

underlying actions, which Centennial denies, Centennial’s obligations do not arise unless and 

until all applicable underlying insurance to the Centennial policies, which are excess policies, 

have been exhausted by the payment of settlements or judgments.

TWELFTH SEPARATE DEFENSE

All or part of the sums for which plaintiff seeks indemnification may be precluded by the 

applicable provisions, terms, definitions, conditions, limitations and exclusions of the Centennial 

policies and/or public policy or express provision of law.

THIRTEENTH SEPARATE DEFENSE

On information and belief, plaintiff has failed to comply with conditions precedent and 

subsequent necessary to the existence of insurance coverage for plaintiff under the Centennial 

policies.

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FOURTEENTH SEPARATE DEFENSE

To the extent that Centennial has any duty to indemnify plaintiff, which Centennial 

denies, the obligation is limited to an obligation to indemnify for damages for “bodily injury” 

that was neither expected nor intended by plaintiff.

FIFTEENTH SEPARATE DEFENSE

Centennial’s excess policies follow the form of underlying insurance and Centennial 

incorporates by reference all pertinent terms, conditions, exclusions and other provisions of the 

underlying policies as if set forth at length herein.

SIXTEENTH SEPARATE DEFENSE

Centennial reserves the right to argue for the application of law other than the law of the 

State of Pennsylvania to the claims of plaintiff under the Centennial policies.

WHEREFORE, Centennial demands judgment in its favor, dismissing the Complaint, 

with prejudice, together with all such other relief as the Court deems just and proper.

CROSSCLAIM

Centennial, as and for its Crossclaim against all other defendants, alleges and says:

1. Centennial denies, and continues to deny, that it has any duty to indemnity

plaintiff, but presuming it has such a duty, Centennial denies that it can be required to contribute 

to defense or indemnity costs incurred in connection with claims for “bodily injury” that did not 

happen in the period of a Centennial policy.

2. To the extent, however, that plaintiff is successful in asserting that Centennial is 

obligated to pay for defense or indemnity costs that have been incurred for “bodily injury” that

did not happen within the period of the Centennial policies, Centennial is entitled to recover from 

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other insurers of plaintiff those costs that relate to and are allocable to “bodily injury” that 

happened in periods other than the periods of the Centennial policies.

3. If Centennial is required to pay defense or indemnity costs incurred by plaintiff in 

connection with claims for “bodily injury” that did not happen in the period of the Centennial 

policies, Centennial has the right to recover such costs from insurers of plaintiff whose policies 

were in force in the policy periods said “bodily injury” did occur.

WHEREFORE, Centennial demands judgment from the defendants declaring that the 

defendants are obligated to reimburse Centennial for any and all defense or indemnity costs 

imposed on Centennial that do not relate to “bodily injury” that happen within the period of the 

Centennial policies or are otherwise properly allocable to other policy periods, together with all 

such other relief as the Court deems just and proper.

DEMAND FOR TRIAL BY JURY

Centennial hereby demands a trial by jury of all issues.

 By: _______________________________________ 

Neil M. Day

Attorney I.D. No. 79140

COUGHLIN, DUFFY, KELLY, LISOVICZ,

MIDLIGE & WOLFF, LLP

350 Mt. Kemble Avenue, P.O. Box 1917

Morristown, New Jersey 07962-1917

(973) 267-0058

Attorneys for Defendant,

Centennial Insurance Company

DATED: September , 2004.

70208

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