Property Cas. Co. of MCA v. Conway

In Property Cas. Co. of MCA v. Conway, 147 N.J. 322, 326-30, 687 A.2d 729 (1997), the Court was concerned with a question of insurance coverage with respect to the statutorily imposed vicarious liability of parents for their child's intentional damage to school property. See N.J.S.A. 18A:37-3. The policy provided coverage for an "occurrence," which it defined as an "accident" without defining the term accident; it excluded coverage for property damage "which is expected or intended by the insured," and it contained a clause entitled "Severability of Insurance" which stated, "this insurance applies separately to each insured." 147 N.J. at 325, 687 A.2d 729. The Court, applying the principle that the words of an insurance policy should be given their ordinary and plain meaning, defined an accident as "an unintended or unexpected event." Id. at 327, 687 A.2d 729. Given that definition and the cited policy provisions, the Court determined that "by failing to define 'accident' the insurance company had introduced ambiguity into the definition of 'occurrence.'" Id. at 326, 687 A.2d 729. The ambiguity arose because the policy "did not state whether the determination that an event is unexpected or unintended should be from the perspective of all those covered under the policy or from that of only the named insured." Id. at 325, 597 A.2d 729. Consequently, the Court held that although there was no coverage for the child because of the exclusion, there was coverage for the parents because from their perspective the incident was both unintended and unexpected. Id. at 326-30, 687 A.2d 729. The Court stated: One of the most basic precepts governing judicial construction of insurance policies is that courts construe ambiguities liberally in favor of the insured. Longobardi v. Chubb Ins. Co., 121 N.J. 530, 537, 582 A.2d 1257 (1990). Insurers write the policies, and fairness suggests that insureds should receive the benefit of any ambiguities. By failing to define "accident," PCC has introduced ambiguity into the definition of "occurrence." Consequently, in defining "accident" and "occurrence" we shall construe any ambiguity against the insurer and in favor of the insured. Generic description of "household appliance" aside, the fact is that the Hanover policy does not define a "household appliance." The failure to define a term in a policy of insurance has been construed to render it ambiguous.