Brezan v. Prudential Ins. Co. of America

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

An exclusionary clause in an insurance policy, of which plaintiff and defendant, both now moving for summary judgment, dispute the meaning, provides in relevant part as follows:

Generally Excluded Charges:(1) Occupational Injury or Disease Charges — charges incurred in connection with(a) injury arising out of, or in the course of, any employment for wage or profit or(b) disease covered, with respect to such employment, by any workmen's compensation law, occupational disease law or similar legislation.

Plaintiff urges the Court to apply the italicized…