Bryan Constr. Co. Ins. v. Employers' Surplus Lines Ins. Co

In Bryan Constr. Co. Ins. v. Employers' Surplus Lines Ins. Co., 60 N.J. 375, 290 A.2d 138 (1972), Bryan was constructing public facilities. The county sued Bryan for allegedly defective and improper construction. Bryan's primary insurance policies excluded such claims and the Court so held. However, Bryan also had an umbrella policy. The Court said that the umbrella policy by its "very nomenclature suggested a purpose to protect against gaps in the underlying policies and indicated more than mere excess coverage." Ibid. at 377, 60 N.J. 375, 290 A.2d 138. An insured purchasing such a policy can reasonably expect that the policy would provide coverage "where the underlying policies failed to do so." Id. The Court, therefore, construed the umbrella policy to cover the county's claims.