Accident fell within vehicle exclusion to insurance policy

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Janice Buckholtz and her daughter Jessica Buckholtz obtained a judgment against Julie McCoy, who had a homeowners policy issued by American Family Mutual Insurance Company. American Family sought a declaratory judgment that it did not have to satisfy the judgment. The trial court granted summary judgment for American Family. The Buckholtzes raise several issues, but we find one dispositive: whether the accident is within the coverage of McCoy’s policy.
Conclusion (slip op. at 5):  The trial court did not err by granting summary judgment for American Family.  Affirmed.
Key Analysis (slip op. at 4, 5):  McCoy’s personal liability coverage excludes bodily injury or property damage arising out of the ownership, supervision, entrustment, maintenance, operation, use, loading or unloading of any type of motor vehicle, motorized land conveyance or trailer . . . Because McCoy did not own, operate, rent, or loan the ATV, the accident falls within the vehicle exclusion.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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