Wade Clark Mulcahy LLP

In Kusimba v. S & J Enterprises, the New Jersey Appellate Division affirmed the dismissal of plaintiff's claim for coverage against Essex Insurance Company. The Court found the "PRODUCTS / COMPLETED OPERATIONS HAZARD EXCLUSION' in the policy to be a clear, prominent and unambiguous exclusion, therefore enforceable. Coverage for plaintiff's claim was excluded because plaintiff's bodily injury took place away from the insureds premises ( motor vehicle accident) and arose out of the insureds work ( alleged negligent repair of brakes). The Court also found that Essex properly reserved its rights.
<a href="http://www.judiciary.state.nj.us/opinions/a3235-08.pdf">http://www.judiciary.state.nj.us/opinions/a3235-08.pdf</a>