02-26-08 A-1664-06T5
In this decision, we applied the comity principles set
forth by the Supreme Court in its recent decision in Sensient
Colors, Inc. v. Allstate Ins. Co. as a framework to analyze
whether a preemptive coverage action instituted in New Jersey by
Century Indemnity Company against Mine Safety Appliances Company
(MSA), a manufacturer of allegedly defective respiratory
protective devices, and its carriers should be dismissed in
favor of a more limited second-filed Pennsylvania action, when
that State was the state of residence of both Century and MSA
and Pennsylvania law applying joint and several liability
principles to the allocation of coverage among triggered
carriers was likely applicable to the dispute. As the result of
our analysis, we affirmed the dismissal of the New Jersey
action, without prejudice.
