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CONNECTICUT INDEM. CO. v. PODESZWA

921 A.2d 458 (2007)

392 N.J. Super. 480

The CONNECTICUT INDEMNITY COMPANY, Plaintiff-Respondent, v. Richard PODESZWA, Anne Podeszwa, Nelson Perez, Euclides A. Anico, Allway Corp., Security Indemnity Insurance Company and New Jersey Property-Liability Insurance Guaranty Association, Defendants-Respondents and Richard Podeszwa, Third-Party Plaintiff-Respondent, v. Rutgers Casualty Insurance Company, Third-Party Defendant-Appellant. Anne Podeszwa, Plaintiff-Respondent, v. Rutgers Casualty Insurance Company, Third-Party Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2007.

Attorney(s) appearing for the Case

Susan L. Moreinis, Collingswood, argued the cause for appellant.

Jeffrey A. Krawitz argued the cause for plaintiff-respondent Connecticut Indemnity Company (Silverman Bernheim & Vogel, attorneys; Jonathan A. Cass, Philadelphia, PA, on the brief).

Before Judges CUFF, WINKELSTEIN and BAXTER.

The opinion of the court was delivered by

BAXTER, J.S.C. (temporarily assigned).

This appeal requires us to determine whether public policy considerations prevent an insurer of a tractor-truck from excluding from liability coverage all losses sustained by third parties in an accident with the truck while it is being used for business purposes. We conclude that so long as the truck is covered by an additional policy providing coverage for business use, such...

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