STERLING WINTHROP, INC., et al. v. CENTRAL INDEMNITY COMPANY, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5013-03T15013-03T1

STERLING WINTHROP, INC.; Docket No. MER-L-106-94

STERLING PHARMACEUTICALS,

INC.; SDI DIVESTITURE

CORP.; INC., AND EASTMAN

KODAK COMPANY.

Plaintiffs-Respondents,

v.

CENTRAL INDEMNITY COMPANY, as

Successor to CCI Insurance

Company, as Successor to Insurance

Company of North America; ACE

PROPERTY AND CASUALTY INSURANCE

COMPANY, formerly Cigna Property

and Casualty Insurance Company,

formerly Aetna Insurance Company;

and CENTRAL NATIONAL INSURANCE

COMPANY, with respect to a policy

issued by its Managing General Agent,

Cravens Dargan Co., Pacific Coast,

Defendants-Appellants,

and

ROYAL INDEMNITY INSURANCE COMPANY;

AIU INSURANCE COMPANY; AMERICAN

EMPLOYERS INSURANCE COMPANY; AMERICAN

REINSURANCE COMPANY; ARGONAUT INSURANCE

COMPANY; BIRMINGHAM FIRE INSURANCE

COMPANY OF PENNSYLVANIA; COLUMBIA

CASUALTY COMPANY; COMMERCIAL INSURANCE

COMPANY OF NEWARK; EMPLOYERS COMMERCIAL

UNION INSURANCE COMPANY, n/k/a COMMERCIAL

UNION INSURANCE COMPANY; CONTINENTAL

CASUALTY COMPANY; THE CONTINENTAL INSURANCE

COMPANY; FEDERAL INSURANCE COMPANY; THE

FIDELITY AND CASUALTY COMPANY OF NEW YORK;

FIREMAN'S FUND INSURANCE COMPANY; FIRST

STATE INSURANCE COMPANY; GIBRALTAR CASUALTY

COMPANY; GRANITE STATE INSURANCE COMPANY;

GREAT AMERICAN INSURANCE COMPANY; HIGHLANDS

INSURANCE COMPANY; INSURANCE COMPANY OF THE

STATE OF PENNSYLVANIA; INTERNATIONAL SURPLUS

LINES INSURANCE COMPANY; LANDMARK INSURANCE

COMPANY; LEXINGTON INSURANCE COMPANY; CERTAIN

UNDERWRITERS AT LLOYD'S LONDON AND CERTAIN

LONDON MARKET INSURANCE COMPANIES; LUMBERMENS

MUTUAL INSURANCE COMPANY; WESTPORT INSURANCE

CORPORATION, as Successor-In-Interest to

Manhattan Fire and Marine Insurance Company;

NATIONAL UNION FIRE INSURANCE COMPANY OF

PITTSBURGH, PA; NEW HAMPSHIRE INSURANCE

COMPANY; ALLSTATE INSURANCE COMPANY, as

Successor-In-Interest to Northbrook Excess

and Surplus Insurance Company; NORTHBROOK

INDEMNITY COMPANY; NORTH RIVER INSURANCE

COMPANY; NORTH STAR REINSURANCE COMPANY;

PACIFIC REINSURANCE COMPANY; PRUDENTIAL

REINSURANCE COMPANY; SEGUROS LA REPUBLICA

S.A. INSURANCE COMPANY; THE ST. PAUL FIRE

AND MARINE INSURANCE COMPANY; STONEWALL

INSURANCE COMPANY; TRANSAMERICA INSURANCE

COMPANY; and THE TRAVELERS INDEMNITY COMPANY.

Defendants.

_____________________________________________

STERLING WINTHROP INC.; STERLING Docket No. MER-L-101-94

PHARMACEUTICALS, INC.; SDI

DIVESTITURE CORP., INC.; and

EASTMAN KODAK COMPANY,

Plaintiffs,

v.

THE HOME INSURANCE COMPANY,

AMERICAN HOME ASSURANCE COMPANY,

and EMPLOYERS INSURANCE OF

WAUSAU, a Mutual Company,

Defendants.

_____________________________________________

 

Submitted November 28, 2005 - Decided February 7, 2006

Before Judges Rodr guez, Alley, and C.S. Fisher.

On appeal from the Superior Court of New Jersey, Law Division, Mercer County, MER-L-106-94 and MER-L-101-94.

Siegal & Napierkowski, attorneys for appellants (Edward M. Napierkowski, on the briefs).

Greenberg Traurig, attorneys for respondents (Phillip R. Sellinger and David Jay, of counsel; Helen E. Kleiner, on the brief).

PER CURIAM

We have been advised prior to argument that this matter has been amicably adjusted and the parties have stipulated to the dismissal of this appeal. Accordingly, the appeal is dismissed with prejudice and without costs.

 

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A-5013-03T1

February 7, 2006