Kenneth Mr. Vercammen was included in the 2020 “Super Lawyers” list published by Thomson Reuters.

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Thursday, December 18, 2008

Polarome International, Inc., formerly known as Polarome Manufacturing Co., Inc. v. Greenwich Insurance Company and Zurich Insurance Company


Where complaints in two toxic-tort actions alleging personal injuries are ambiguous as to the dates of exposure and injury triggering coverage, the carriers may examine evidence extrinsic to the complaints to determine when the last pull of the "continuous trigger" of Owens-Illinois, Inc. v. United
Insurance Co., 138 N.J. 437 (1994), occurred in order to establish that they had no duty to indemnify, and thus, no duty to defend. Because the time of initial manifestation of the toxic-tort personal injuries at issue here predated the applicable coverage periods, neither insurer had a duty to defend or indemnify, even though further progression of the disease may have occurred while the relevant policies were in effect.