N.J. Court Affirms Dismissal Of '1st-Filed' Coverage Suit

TRENTON, N.J. - A first-filed action brought by an insurer against the maker of allegedly defective respiratory protection equipment and 32 other insurers should be tried in Pennsylvania, where the principal parties are incorporated, a New Jersey appellate court has ruled. Century Indemnity Co. v. Mine Safety Appliances Co., et al., No. A-1664-06T5 (N.J. Super., App. Div.).

The New Jersey Superior Court, Appellate Division, ruled Feb. 26 that the "first-filed" rule applies to the action, in which Century Indemnity Co. seeks a determination of its coverage obligations to Mine Safety Appliances Co.

In the early 1980s, MSA was hit with …