SUCCESSOR TO THE MANHATTAN FIRE AND MARINE INSURANCE COMPANY BY CHANGE OF NAME, RIVER THAMES INSURANCE COMPANY LTD., REPUBLIC INSURANCE COMPANY, ROYAL INSURANCE COMPANY OF AMERICA, ROYAL SCOTTISH INSURANCE COMPANY LTD., SAFETY MUTUAL CASUALTY CORPORATION, SCOTTISH LION INSURANCE COMPANY LTD., SOUTHERN AMERICAN INSURANCE COMPANY, SOVEREIGN MARINE AND GENERAL INSURANCE COMPANY LTD., THE SPHERE INSURANCE COMPANY LTD., ST. HELEN'S INSURANCE COMPANY LTD., ST. KATHERINE INSURANCE COMPANY LTD., ST. PAUL FIRE AND MARINE INSURANCE COMPANY, STRONGHOLD INSURANCE COMPANY LIMITED, SWISS REINSURANCE COMPANY, SWISS UNION GENERAL INSURANCE COMPANY LTD., SWITZERLAND GENERAL INSURANCE COMPANY LIMITED, TERRA NOVA INSURANCE COMPANY LTD., TRENT INSURANCE COMPANY LTD., TUREGUM INSURANCE COMPANY, TWIN CITY FIRE INSURANCE COMPANY, UNDERWRITERS AT LLOYD'S LONDON, UNIGARD MUTUAL INSURANCE COMPANY, UNIONAMERICA INSURANCE COMPANY LTD., UNITED STANDARD INSURANCE COMPANY LTD., THE VICTORY INSURANCE COMPANY LTD., WALBROOK INSURANCE COMPANY LTD., "WINTETHUR" SWISS INSURANCE COMPANY, WORLD AUXILIARY INSURANCE CORPORATION, LTD., YASUDA FIRE & MARINE INSURANCE COMPANY (U.K.) LIMITED, YUVAL INSURANCE COMPANY LTD., ZURICH INSURANCE COMPANY, DEFENDANTS, AND COMMERCIAL UNION INSURANCE COMPANY, AS SUCCESSOR TO THE OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD., AMERICAN EMPLOYERS' INSURANCE COMPANY, THE EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., EMPLOYERS' SURPLUS LINES INSURANCE COMPANY, GENERAL REINSURANCE CORPORATION, *281 ALLSTATE INSURANCE COMPANY, AS SUCCESSOR-IN-INTEREST TO NORTHBROOK EXCESS AND SURPLUS INSURANCE COMPANY, FORMERLY NORTHBROOK INSURANCE COMPANY, NORTH STAR REINSURANCE CORPORATION, AND ZURICH INTERNATIONAL LIMITED, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND CENTURY INDEMNITY COMPANY (AS SUCCESSOR TO CCI INSURANCE COMPANY, WHICH ITSELF IS THE SUCCESSOR TO THE INSURANCE COMPANY OF NORTH AMERICA), DEFENDANT-RESPONDENT.
GEI INTERNATIONAL INCORPORATED, A NEW JERSEY CORPORATION, (FORMERLY KNOWN AS ANDREW DENHOLM, INC.), AND ANDREW DENHOLM, INC., PLAINTIFFS-APPELLANTS,
v.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, ATLANTIC MUTUAL INSURANCE COMPANY, NORTHWESTERN NATIONAL INSURANCE COMPANY, MIDLAND INSURANCE COMPANY, CHUBB GROUP OF INSURANCE COMPANIES, FIREMAN'S FUND INSURANCE CO., INC., IDEAL MUTUAL INSURANCE CO., INC., ORB HOLDING CO., JOHN BLACK, ROBERT DEDERER, FRANK VANDERHOOF, METRAMATIC CORPORATION, HIGH SPEED CHECKWEIGHER INC., SUCCESSOR IN INTEREST TO METRAMATIC CORPORATION, AG FUR PRAZISIONSINSTRUMENTE AND NEW JERSEY PROPERTY/LIABILITY GUARANTY ASSOCIATION, DEFENDANTS. JOHN BLACK, ROBERT DEDERER AND FRANK VANDERHOOF, INDIVIDUALLY AND AS FORMER CORPORATE OFFICERS, DIRECTORS AND SHAREHOLDERS OF NGR DESIGN AND MANUFACTURING CO., INC. AND METAL DETECTORS, INC., METRAMATIC CORPORATION AND ORB HOLDING CO., DEFENDANTS AND THIRD PARTY PLAINTIFFS,
v.
FIREMAN'S FUND INSURANCE CO., INC., ST. PAUL MERCURY INSURANCE COMPANY, NORTHWESTERN NATIONAL INSURANCE CO., AND NEW JERSEY PROPERTY/LIABILITY GUARANTY ASSOCIATION, THIRD-PARTY DEFENDANTS. The Supreme Court of New Jersey.
Argued September 9, 1996. Decided May 12, 1997. *284 Robert Mahoney argued the cause for appellants GEI International Incorporated, etc., et al. (Friedman Siegelbaum, attorneys; *285 Mr. Mahoney and James M. Andrews, of counsel and on the brief).
Vincent R. FitzPatrick, Jr., a member of the New York bar, argued the cause for appellant and cross-respondent Ciba-Geigy Corporation (Hayden, Perle & Silber, attorneys).
James W. Christie, III, argued the cause for respondents and cross-appellants Commercial Union Insurance Company, as successor to The Ocean Accident & Guarantee Corporation, Ltd.; The Employers' Liability Assurance Corporation, Ltd.; American Employers' Insurance Company; and Employers' Surplus Lines Insurance Company