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ATL. EMPLOYERS INS. CO. v. CHARTWELL MANOR SCH.

280 N.J. Super. 457 (1995)

655 A.2d 954

ATLANTIC EMPLOYERS INSURANCE COMPANY AND INSURANCE COMPANY OF NORTH AMERICA, PLAINTIFFS-APPELLANTS, v. CHARTWELL MANOR SCHOOL, TERENCE LYNCH, S.R., AND M.R., DEFENDANTS-RESPONDENTS, AND R.M., K.Y., T.F., P.F., B.F., C.K., S.K., R.K., R.S., AND M.M., DEFENDANTS. S.R. AND M.R., PLAINTIFFS-RESPONDENTS, v. TERENCE LYNCH AND CHARTWELL MANOR SCHOOL, DEFENDANTS-THIRD PARTY PLAINTIFFS-RESPONDENTS, v. CIGNA INSURANCE COMPANY, THIRD PARTY DEFENDANT-APPELLANT, AND FARMERS MUTUAL INSURANCE COMPANY, THIRD PARTY DEFENDANT-FOURTH PARTY PLAINTIFF, v. THE HARTFORD INSURANCE COMPANY, FOURTH PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Donald T. Okner argued the cause for appellants Atlantic Employers Insurance Company, Insurance Company of North America and Cigna Insurance Company (Dwyer, Connell & Lisbona, attorneys; Mr. Okner, on the brief).

Stephen S. Weinstein argued the cause for respondents Chartwell Manor School and Terence Lynch (Peter N. Gilbreth, on the brief).

Brian W. Mason argued the cause for respondents S.R. and M.R. (Lorber, Schneider, Nuzzi, Vichness & Bilinkas, attorneys; Mr. Mason and George L. Schneider, on the brief, Charles S. Lorber, of counsel).

Before Judges DREIER, VILLANUEVA and WEFING.

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

Plaintiffs, insurance companies, appeal by leave granted from an interlocutory order denying summary judgment and directing plaintiffs to defend the insureds under a reservation of rights and later litigate the issue of whether there was liability coverage. The insureds were a private boarding school and its founder who was also headmaster and a teacher. The insurance policy included an exclusion for intentional...

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