Polarome International Inc. v. Greenwich Ins. Co. et al., A-0566-07T1; Appellate Division; opinion by Miniman, J.A.D.; decided and approved for publication December 17, 2008. Before Judges Fisher, C.L. Miniman and Baxter. On appeal from the Law Division, Hudson County, L-4207-06. DDS No. 23-2-2487 [43 pp.]
Plaintiff Polarome International Inc., a distributor of food flavorings and fragrances, including diacetyl, a chemical used as a butter flavoring in the food industry, was named as a defendant in multiple lawsuits alleging serious, continuing bodily injuries as a result of diacetyl inhalation, two of which, involving plaintiffs Kuttner and Blaylock, are at issue here. Among other commercial general liability (CGL) policies obtained by Polarome at various times, it was insured by Zurich Insurance Company from Dec. 30, 1994, through Dec. 17, 1998, and by Greenwich Insurance Company from Dec. 31, 2003, through Dec. 31, 2005.