Manchester, NJ – A federal judge rejected an attempt by C.J. Hesse, Inc. and Atlantic Pier Co. to compel their carrier to cover six state lawsuits tied to accidents at an Ocean County landfill, denying the contractors’ motion and granting the insurer’s cross-motion before closing the case.

Landfill suits settled or dismissed

U.S. District Judge Robert Kirsch ruled that American Family Home Insurance Co. had no duty to defend Hesse or Atlantic Pier in six New Jersey actions arising from four incidents involving municipal garbage trucks at the Manchester landfill. The parties confirmed the underlying cases were either settled or voluntarily dismissed as to the plaintiffs, leaving only defense-cost liability at issue.

Policy language drives decision

The court held the commercial auto insu

See Full Page