WILLIAM HAMMER v. DOUGLAS W. THOMAS A-0209-08T2/A-0742-08T2

08-09-10 WILLIAM HAMMER v. DOUGLAS W. THOMAS, ET AL.
PROFORMANCE INSURANCE CO. v. NEW JERSEY MANUFACTURERS INS. CO., ET AL.
A-0209-08T2/A-0742-08T2 (consolidated)
In this declaratory judgment action instituted by the
injured motorist's UM carrier, we affirm the trial court's grant
of summary judgment in favor of the tortfeasor's automobile
insurance provider who declined coverage based on the policy
exclusion for any insured "[w]ho intentionally causes bodily
injury or property damage." We hold that the policy was not
ambiguous and that the standard to be applied is that set forth
in Voorhees v. Preferred Mutual Insurance Co., 128 N.J. 165
(1992) and its progeny relating to automobile, homeowners and
related liability policies, and not that set forth in the
workers' compensation case of Charles Beseler Co. v. O'Gorman &
Young, Inc., 188 N.J. 542 (2006).