Insurance Coverage Exclusion Precludes Driver's Negligence Action
by
Joseph C. Maya on Apr. 12, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a car accident case where a man tried to recover insurance money after his daughter was involved in an accident with his car.
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Insurer's summary judgment motion was granted as driver's allegations of negligent supervision or entrustment against insured were causally linked to use of motor vehicle, and were excluded under motor vehicle exclusion in homeowner's policy. Policy also included separate negligent entrustment exclusion.
The insured's daughter was involved in a motor vehicle accident while driving a car owned by the insured's wife. The trial court held that the insurer had to show that the complaint did not state facts that even possibly fell within the policy. In order to meet the requirement that there be a causal relationship between the accident and the use of the automobile, liability was said to "arise out of" the "use" of an automobile for the purpose of a liability insurance policy if it was shown that the accident "was connected with," "had its origins in," "grew out of," "flowed from," or "was incident to" the use of the automobile. The allegations of negligent supervision or entrustment were causally linked to the use of the motor vehicle. The policy included a separate and distinct negligent entrustment exclusion. The driver's allegations fell squarely within the exclusionary language of the homeowners insurance policy. It was unnecessary to decide whether the negligent supervision claim was excluded under the automobile exclusion as the policy included separate, distinct, and adequate language to that end. Motion granted.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Allstate Ins. Co. v. Foster, 2008 Conn. Super. LEXIS 1269 (Conn. Super. Ct. May 14, 2008)