Cty. of Hudson v. Selective Ins. Co.

752 A.2d 849, 332 N.J. Super. 107, 2000 N.J. Super. LEXIS 244
CourtNew Jersey Superior Court Appellate Division
DecidedJune 20, 2000
StatusPublished
Cited by12 cases

This text of 752 A.2d 849 (Cty. of Hudson v. Selective Ins. Co.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cty. of Hudson v. Selective Ins. Co., 752 A.2d 849, 332 N.J. Super. 107, 2000 N.J. Super. LEXIS 244 (N.J. Ct. App. 2000).

Opinion

752 A.2d 849 (2000)
332 N.J. Super. 107

COUNTY OF HUDSON, Plaintiff-Appellant,
v.
SELECTIVE INSURANCE COMPANY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Argued February 2, 2000.
Decided June 20, 2000.

*850 Robin Moses, Assistant County Counsel, for plaintiff-appellant (Francis DeLeonardis, Hudson County Counsel, attorney; Robin Moses, on the brief).

Jeffrey E. Gorrin, Livingston, for defendant-respondent (Gorrin & Gorrin, attorneys; Mr. Gorrin, on the brief).

Before Judges BAIME, EICHEN and WECKER.

The opinion of the court was delivered by EICHEN, J.A.D.

This appeal requires us to construe the scope of an additional insured endorsement in a commercial general liability policy (the policy) which provides coverage for liability "arising out of `your work.' " The policy was issued by defendant Selective Insurance Company (Selective) to Malpere Enterprises, Inc. (Malpere), a general contractor hired to perform work at the William Brennan Courthouse in Jersey City. The policy was required under a contract between the County of Hudson (the County) and Malpere for masonry restoration work at the courthouse.

The endorsement states in relevant part that the policy is amended to add the County as an additional insured "but only with respect to liability arising out of `your work' for that insured by or for you" (the endorsement).

An employee of a subcontractor, while at the courthouse seeking information to prepare a bid, slipped and fell on a marble staircase. The employee sued the County, whereupon the County requested Selective to defend and indemnify it in accordance with the endorsement. Selective declined coverage on the ground that the injured employee was not engaged in the contractor's "work" when he fell. Thereafter, the *851 employee obtained an $81,000 judgment against the County,[1] and the County instituted this action against Selective seeking indemnification.

On cross-motions for summary judgment filed by Selective and the County, the Law Division dismissed the County's complaint, concluding that there was no "substantial nexus" between the dangerous condition that caused the subcontractor's employee to fall and the contractor's "work" and that Selective properly declined to defend and indemnify the County under the endorsement.

The County appealed, contending that the Law Division misinterpreted the "arising out of `your work' " language in the endorsement. We agree and reverse the summary judgment in favor of Selective.

I.

On July 23, 1992, Selman Cicen, an employee of All Jersey Seamless Company, fell on a slippery step on a marble staircase leading from the first floor to the basement of the William Brennan Courthouse in Jersey City and was seriously injured. Cicen was at the courthouse to obtain information for preparing an estimate for subcontracting services in furtherance of the restoration contract entered into between Malpere and the County on May 15, 1992.[2] The contract required Malpere to obtain commercial liability insurance. Article 7.3 of the "Specifications-General Provisions," which was made a part of the contract, reads, in pertinent part, as follows:

The Contractor shall obtain and keep in force during the term of the contract, public liability and property damage insurance in companies and in form to be approved by the County. Said insurance shall provide coverage to the Contractor, any subcontractor performing work provided by this Contractor, and the county. The County of Hudson, its officers, agents, servants, and employees as their interest may appear, shall be named as an additional insured on said policy insofar as the work and obligations performed under the Contract are concerned. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the County, the Contractor or the subcontractor or by anyone directly employed by either of them. (Emphasis added.)

Hence, Article 7.3 of the contract required Malpere to obtain public liability and property damage insurance and to include the County as an additional insured on the policy "insofar as the work and obligations performed under the Contract are concerned." The contract also envisioned the use of subcontractors by Malpere in the performance of its work for the County.

In furtherance of the contract, Malpere sought and obtained a commercial general liability policy from Selective in which the County was named as an additional insured. The endorsement stated as follows:

WHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown in the Schedule [the County of Hudson, its agents, representatives & employees] but only with respect to liability arising out of "your work" for that insured by or for you.

* * * *

"Your work" means [in pertinent part]:

a. Work or operations performed by you or on your behalf....

*852 The critical issue is whether the County's liability for the injury Cicen sustained when he slipped and fell in the courthouse in the course of seeking information about the requirements of the subcontracting job comes within the scope of the "arising out of `your work' " language in the endorsement.

II.

In interpreting the language of the endorsement, we apply the following well settled principles used to construe an insurance policy. We begin by noting that although insurance policies are contractual in nature, they are not ordinary agreements; they are " `contracts of adhesion' and, as such, are subject to special rules of interpretation." Gibson v. Callaghan, 158 N.J. 662, 669, 730 A.2d 1278 (1999) (citing Meier v. New Jersey Life Ins. Co., 101 N.J. 597, 611-12, 503 A.2d 862 (1986)); see also Home State Ins. Co. v. Continental Ins. Co., 313 N.J.Super. 584, 713 A.2d 557 (App.Div. 1998), aff'd, 158 N.J. 104, 726 A.2d 1289 (1999). Consequently, we are directed to take a broad and liberal view so that the policy is construed in favor of the insured. Franklin Mutual Ins. Co. v. Security Indemnity Ins. Co., 275 N.J.Super. 335, 340, 646 A.2d 443 (App.Div.), certif. denied, 139 N.J. 185, 652 A.2d 173 (1994).

Further, where the language of a policy will support two meanings, one favorable to the insured and the other favorable to the insurer, the interpretation sustaining coverage should be applied. Westchester Fire Ins. Co. v. Continental Ins. Companies, 126 N.J.Super. 29, 35, 312 A.2d 664 (App.Div.1973), aff'd o.b., 65 N.J. 152, 319 A.2d 732 (1974). In addition, "purchasers of insurance are entitled to the broad measure of protection necessary to fulfill their reasonable expectations." Id. at 36, 312 A.2d 664 (quoting Kievit v. Loyal Protective Life Ins. Co., 34 N.J. 475, 482, 170 A.2d 22 (1961)); see also Gibson, supra, 158 N.J. at 671, 730 A.2d 1278; Franklin, supra, 275 N.J.Super. at 340, 646 A.2d 443. And "their policies should be construed liberally in their favor to the end that coverage is afforded `to the full extent that any fair interpretation will allow.' " Kievit, supra, 34 N.J. at 482, 170 A.2d 22 (citation omitted).

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752 A.2d 849, 332 N.J. Super. 107, 2000 N.J. Super. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cty-of-hudson-v-selective-ins-co-njsuperctappdiv-2000.