United Rental Equipment Co., Inc., a New Jersey Corporation, Plaintiff-Appellant v. Aetna Life and Casualty Ins…

Summary

The Supreme Court of New Jersey affirmed summary judgments for both Aetna and St. Paul, holding that the insurer's exclusionary clause barred coverage because the crane was overloaded, and that collateral estoppel prevented United Rental from relitigating the same issue. The court also held that an expert affidavit based partly on hearsay is admissible for summary judgment and that the insurer bears the burden of proving the exclusion applies.