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CHARLES BESELER CO. v. O'GORMAN & YOUNG, INC.

911 A.2d 47 (2006)

188 N.J. 542

CHARLES BESELER COMPANY, Plaintiff-Respondent, v. O'GORMAN & YOUNG, INC., a corporation; Fireman's Fund Insurance Companies and The American Insurance Company, corporations, Defendants, and New Jersey Manufacturers Insurance Company, a corporation, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 4, 2006.

Attorney(s) appearing for the Case

Michael J. Marone, Morristown, argued the cause for appellant (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Richard J. Williams, Jr., on the briefs).

Thomas W. Sweet, argued the cause for respondent.

Lance J. Kalik, Morristown, submitted a brief on behalf of amici curiae, Insurance Council of New Jersey, American Insurance Association, Property Casualty Insurers Association of America and National Association of Mutual Insurance Companies (Riker Danzig Scherer Hyland & Perretti, attorneys; Mr. Kalik and Ronald Z. Ahrens, on the brief).

PER CURIAM.

I.

This appeal involves interpretation of an exclusion contained in the liability portion of an employer's Workers' Compensation and Employers Liability Insurance Policy (Policy). The facts involved are these.

Malden A. Homar was an employee of Liberty Bureau Steel, a division of the Charles Beseler Company (collectively, Beseler). On Homar's first day at Beseler, he was assigned to work on a large press brake machine, which bends metal...

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