U.S. Court Says Door Open to Insurance Suit If New Jersey Court Finds Property Interest

摘要

Landowners challenging a consent decree that resolved environmental liabilities for a superfund site in New Jersey might have a claim against the polluters' insurers if the landowners had a protected property interest in the policies before the decree was finalized, the U.S. District Court for the District of New Jersey has held (United States v. S. Jersey Cothing Co., 2013 BL 266474, D.N.J., No. 96-3166, 9/30/13).In the Sept. 30 decision, the federal court said it is up to the New Jersey Superior Court to determine whether that interest exists under New Jersey law because state law issues are reserved to the state courts in the interest of comity.