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NPS CORP. v. INSURANCE CO. OF NORTH AMERICA

213 N.J. Super. 547 (1986)

517 A.2d 1211

NPS CORPORATION, PLAINTIFF-APPELLANT, v. INSURANCE COMPANY OF NORTH AMERICA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1986.

Attorney(s) appearing for the Case

Fischer, Kagan, Ascione & Zaretsky, attorneys for appellant (Allen Susser, of counsel; Dorian D'Agati, on the brief).

Lamb, Hartung, Gallipoli & Coughlin, attorneys for respondent (Antonio D. Favetta, on the brief).

Before Judges GAULKIN, BAIME and ASHBEY.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal presents a question of first impression. We are called upon to interpret a clause contained in an insurance policy which requires indemnification by the insurer for damages caused by the insured's tortious acts resulting in "bodily injury" to others. At issue is whether the insurer's duty to defend is triggered by a complaint alleging acts of sexual harassment by the insured's employee resulting in...

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