Scarfi v. Aetna Cas. & Sur. Co

In Scarfi v. Aetna Cas. & Sur. Co., 233 N.J. Super. 509, 559 A.2d 459 (App.Div.1989), an insured sought coverage under its CGL policy after it was sued by the driver of a van who was struck by a dump truck used in the insured's business and operated by the insured's employee. Id. at 511-12, 559 A.2d 459. The claim against the insured was based on its alleged negligence in both hiring and training the truck driver and repairing and maintaining the truck. Id. at 517, 559 A.2d 459. The CGL policy, like the Hartford policy here, excluded "bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any . . . automobile . . . owned or operated by or rented to any insured." Id. at 513, 559 A.2d 459. The Court held that the automobile exclusion in the CGL policy applied because the underlying claim for negligent hiring or training was "triggered" only when the van driver was injured as a result the automobile accident. Scarfi, supra, 233 N.J. Super. at 515, 559 A.2d 459. The Court observed that some claims are so interrelated and "incidental to the ownership, operation or use of the truck [that they] were not covered by Aetna's CGL policy." Ibid.