Supreme Court of New Jersey

Bryan Construction Co., Inc., Plaintiff-Appellant v. Employers’ Surplus Lines Insurance Company, the Aetna Casualty…

April 24, 197260 N.J. 375

Summary

The Supreme Court of New Jersey affirmed the judgments in favor of The Aetna Casualty and Surety Company and Employers Mutual of Wausau, and reversed the judgment in favor of Employers’ Surplus Lines Insurance Company. The court held that the umbrella policy issued by the surplus lines insurer provided coverage for negligence claims arising from the construction, because the insured reasonably expected such coverage and the policy’s ambiguity must be construed against the insurer.