Dismissal of claims related to leaking underground oil storage tank.

We successfully moved to dismiss a third-party complaint against the insured in an environmental subrogation case. This case involved claims for contribution toward investigation and remediation expenses incurred by our client at the home of its insureds due to a leaking underground oil storage tank system. We filed suit against various fuel oil delivery companies that delivered to the property while the system was leaking. One of the defendants asserted a third-party complaint against the insureds for liability under the New Jersey Spill Compensation and Control Act, and common law premises liability. We moved to dismiss the Spill Act claims on the basis of standing. We also moved to dismiss the premises liability claims on the basis that premises liability is inapplicable to claims for property damages. The court agreed with our position and granted the motion to dismiss.