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TRUCK INS. EXCHANGE v. GAGNON

No. 21,055.

33 P.3d 901 (2001)

131 N.M. 151

2001-NMCA-092

TRUCK INSURANCE EXCHANGE, Plaintiff-Appellant, v. Deborah J. GAGNON, Don R. Watroba, The Tomato Café, Inc. and Edward White, Defendants, and David Smith, Defendant-in-Intervention Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 31, 2001.

Attorney(s) appearing for the Case

Lisa P. Ford, Beall & Biehler, P.A., Albuquerque, NM, for Appellant.

Jeffrey A. Dahl, Gordon S. Sargent, Lamb, Metzgar, Lines & Dahl, P.A., Albuquerque, NM, for Appellee.

Certiorari Denied, No. 27,132, October 31, 2001.

OPINION

ROBINSON, Judge.

{1} The issue in this case is whether Tomato Café's (café) general comprehensive liability insurance policy covers a claim for sexual harassment of an employee. The trial court ruled that it does and granted summary judgment in favor of Defendants. We hold that the policy excluded coverage for injuries to employees, and reverse.

I. BACKGROUND AND PROCEDURAL...

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