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ROBERT W. HAYMAN, INC. v. ACME CARRIERS, INC.

303 N.J. Super. 355 (1997)

ROBERT W. HAYMAN, INC., PLAINTIFF-RESPONDENT, v. ACME CARRIERS, INC., DEFENDANT-APPELLANT, AND RAMON PEREZ, DEFENDANT, AND CHUBB & SON, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1997.

Attorney(s) appearing for the Case

Joseph B. Tiboni, attorney for appellant Acme Carriers, Inc. (Mr. Tiboni, on the brief and reply letter brief).

Norris, McLaughlin & Marcus, attorneys for respondent Chubb & Son, Inc. (Gregory J. Romano, on the brief).

Saiber Schlesinger Satz & Goldstein, attorneys for respondent Robert W. Hayman, Inc. (Robert B. Nussbaum, on the brief).

Before Judges PRESSLER, STERN and HUMPHREYS.

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

Pursuant to leave granted, defendant Acme Carriers, Inc. (Acme) appeals from the denial of its motion to compel defendant Chubb & Sons (Chubb) to provide a defense, and the granting of Chubb's cross-motion for summary judgment against plaintiff and Acme, relieving Chubb of any obligation under its policy. The motion judge found that an exclusion in the policy for theft by an employee of the insured

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