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ENGLERT v. THE HOME DEPOT

911 A.2d 72 (2006)

389 N.J. Super. 44

Charles P. ENGLERT, Jr., and Carol Englert, his wife, Plaintiffs, v. THE HOME DEPOT, Defendant, and C. Raimondo & Sons Construction, Defendant-Respondent, and Weir Welding Company, Inc., Defendant-Appellant, and C. Raimondo & Sons Construction, Third-Party Plaintiff/Respondent, v. Weir Welding Company, Inc., Third-Party Defendant/Appellant, and Travelers Indemnity Company, Third-Party Defendant/Cross-Respondent, and Weir Welding Company, Inc., Fourth-Party Plaintiff, v. East Rutherford Steel Erectors, Fourth-Party Defendant, and Travellers Indemnity Company, Fourth-Party Plaintiff/Cross-Respondent, v. Liberty Mutual Insurance Company, Fourth Party Defendant/Respondent/Cross-Appellant, and Chubb Insurance Company of New Jersey, Intervenor/Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 30, 2006.

Attorney(s) appearing for the Case

Ernest W. Schoellkopff, Roseland, argued the cause for appellant Weir Welding Company, Inc. (Connell, Foley, attorneys; Mr. Schoellkopff, of counsel and on the brief).

Mario C. Colitti, argued the cause for respondent C. Raimondo & Sons Construction (Sherman & Viscomi, attorneys; Mr. Colitti, on the brief).

William J. Martin, Westmont, argued the cause for respondent/cross-appellant Liberty Mutual Insurance Company (Martin, Gunn, & Martin, attorneys; Dana C. Argeris, of counsel; Peter V. Koenig, on the brief).

John G. Tinker, Jr., Cedar Knolls, argued the cause for cross-respondent Travelers Indemnity Company (Leary, Bride, Tinker & Moran, attorneys; Mr. Tinker, on the brief).

Robinson, Burns & McCarthy, Bridgewater, attorneys for intervenor Chubb Insurance Company (Patrick A. Robinson, of counsel; Mr. Robinson and Patrick S. Espey on the brief).

Before Judges WECKER, FUENTES and GRAVES.

The opinion of the court was delivered by

WECKER, J.A.D.

In this appeal, we address indemnification provisions in a form construction contract and conclude that they do not clearly provide for indemnification for a party's own negligence. We also address an insurance coverage issue.

Defendant Weir Welding Company, Inc. appeals from a judgment obligating it to pay the entirety of a $2,350,000 settlement accepted by plaintiffs Charles and Carol Englert...

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