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Tuesday, September 14, 2010

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-07

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 08-09-10 (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).