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1 TRUCK INS. EXCH. V. GAGNON, 2001-NMCA-092, 131 N.M. 151, 33 P.3d 901 TRUCK INSURANCE EXCHANGE, Plaintiff-Appellant, vs. DEBORAH J. GAGNON, DON R. WATROBA, THE TOMATO CAFE, INC. and EDWARD WHITE, Defendants, and DAVID SMITH, Defendant-in-Intervention-Appellee.
Docket No. 21,055 COURT OF APPEALS OF NEW MEXICO 2001-NMCA-092, 131 N.M. 151, 33 P.3d 901 August 23, 2001, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY. Theresa Baca, District Judge. Certiorari Denied, No. 27,134, October 31, 2001. Released for Publication November 7, 2001. COUNSEL Lisa P. Ford, Beall & Biehler, P.A., Albuquerque, NM, for Appellant. Jeffrey A. Dahl, Gordon S. Sargent, Lamb, Metzgar, Lines & Dahl, P.A., Albuquerque, NM, for Appellee. JUDGES IRA ROBINSON, Judge. WE CONCUR: RICHARD C. BOSSON, Chief Judge, M. CHRISTINA ARMIJO, Judge. AUTHOR: IRA ROBINSON OPINION

{*152} ROBINSON, Judge. {1} The issue in this case is whether Tomato Cafe's (cafe) general comprehensive liability insurance policy covers a claim for sexual harassment of an employee. The trial court ruled that it does and granted summary judgment in favor of Defendants. We hold that the policy excluded coverage for injuries to employees, and reverse. BACKGROUND AND PROCEDURAL POSTURE {2} David Smith (Smith), formerly a waiter at Tomato Cafe, filed suit in federal court against the cafe, its owners, and the manager of the cafe, claiming sexual harassment and a hostile work environment. Smith contended that in 1996, during the time he worked at the cafe, his manager, Edward White, sexually harassed him by asking him to lunch repeatedly and touching him in a flirtatious manner, even after Smith had asked White to leave him alone. Smith contended White also harassed him by discussing the different ways White wanted to have sex.

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