See also Marnell, Mass. We discern no ambiguity in the language of the exclusion. Accordingly, the insureds have satisfied their burden of proving policy coverage. FOOTNOTES [Note 1] Although as discussed infra, the applicability of the motor vehicle exclusion no longer turns on whether an insured owns or operates the vehicle, neither Bernier nor Caron owned or controlled the motor vehicle operated by DiFrancesco.
The exclusion for personal injuries "arising out of" the use of a motor vehicle eliminates the significance of other causal elements and renders irrelevant the "chain of causation" analysis. The claim alleged that they negligently supervised a party held in their home during which their underage son Michael, an unnamed insured, became intoxicated and subsequently drove his motor vehicle negligently, striking and Page killing a third party.
Such liability is conceded for purposes of this case.
Medical Malpractice Joint Underwriting Assn. For purposes of summary judgment the parties stipulated to the following. Interpreting the motor vehicle exclusion in light of the severability of insurance clause, the court concluded that the insurer owed Richard and Ellen Marnell a duty to defend because the severability of insurance clause "applies separately to each insured," and the term "insured" as used in the motor vehicle exclusion referred only to the person claiming coverage under the policy.
But the severability of insurance clause makes coverage available to Richard and Ellen Marnell nonetheless. In the circumstances before us, we agree.
MPIUA instituted this action seeking a declaration that it had no such duty to indemnify under that policy. Superior Court Department, Suffolk Present: The question that remains is whether MPIUA satisfied its burden of proving the applicability of an exclusion negating coverage.
Unless otherwise provided, third-party insurance generally protects the insured from liability to the injured party if any cause of bodily injury or property damage falls within the coverage provided in the policy.
A judge of the Superior Court concluded that the motor vehicle exclusion in the governing policy differs from that in Worcester Mut. Likewise, the words "any person" unambiguously extend to "any person," not merely to a named insured. Significantly, Marnell noted that, "We agree that without the severability provision a literal reading of the motor vehicle exclusion by itself precludes the Marnells from coverage under the policy because Michael Marnell, an insured, owned and operated the motor vehicle involved in the fatal accident.
While under the influence of that alcohol, DiFrancesco negligently operated a motor vehicle [Note 1] that struck another vehicle operated by Malcolm Berry, who sustained serious personal injuries.
On June 28,while the policy was in effect, Bernier and Caron negligently served, supplied, or permitted David DiFrancesco, a nonresident minor, to consume alcohol and become intoxicated at the insured premises.
Wholley for the plaintiff.
See Marnell, supra at Here, the exclusion relieves the insurer from coverage for injuries arising out of the use of a motor vehicle by any person, rendering irrelevant any severability of insurance clause. On cross motions for summary judgment, the motion judge concluded that the motor vehicle exclusion applied and relieved MPIUA of any duty to indemnify the insureds for liability to Berry as social hosts.
Coverage E [bodily injury liability]. Is registered for use on public roads or property; "b. To conclude otherwise would render the policy definition of "insured" superfluous, and the various explicit policy references to "insured s ," as opposed to others, meaningless.
The case was heard by John C. At the same time, a "severability of insurance" clause in the policy stated that "This insurance applies separately to each insured" emphasis supplied.
MPIUA maintains that the motion judge correctly distinguished Marnell, supra, as not controlling in this case. Berry sued Bernier and Caron for his injuries.
Donovan, III, for the defendant. In this case, we need not ponder the question of "coverage. Designed for recreational use off public roads.
The underpinning of Jussim and its application of "chain of causation" analysis is usually confined to first-party insurance cases where causation is at issue and not to third-party policy coverages.
Unlike Jussim, this is not a first-party liability insurance case where a policy holder seeks recovery for loss to his property arising from a "chain of causation," and where the policy expressly covers losses caused by the negligence of a third party but excludes events that are not the cause of the loss.
See also Utica Mut. The language of the motor vehicle exclusion in this case is different from that in Marnell and its progeny in which the exclusion precluded coverage only when the injury arose out of the ownership or use of a motor vehicle owned or operated by the insured.Company profile & key executives for Massachusetts Property Insurance Underwriting Association (D:) including description, corporate address, management team Location: 2 Center Plaza, Boston, MAUnited States.
The Massachusetts Property Insurance Underwriting Association (MPIUA) also known as the Massachusetts FAIR Plan (Fair Access to Insurance Requirements) provides basic property insurance on eligible property for applicants who have been unable to gain insurance through the voluntary market.
MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION vs. MALCOLM BERRY. 80 Mass.
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