Question: Richard Usher s home was protected by a home owners policy
Richard Usher’s home was protected by a home owners’ policy issued by National American Insurance Company of California. The policy included personal liability insurance. A provision in the policy read, “ Personal liability and coverage do not apply to bodily injury or property damage arising out of the ownership, maintenance, use, loading, or unloading of a motor vehicle owned or operated by, or rented or loaned to any insured.” Usher parked a Chevrolet van he owned in his driveway. He left the van’s side door open while he loaded the van in preparation for a camping trip. While Usher was inside his house, several children, including 2 year old Graham Coburn, began playing near the van. One of the children climbed into the driver’s seat and moved the shift lever from park to reverse. The van rolled backward, crushing Coburn and killing him. Coburn’s parents sued Usher for negligence. Is the accident covered by Usher’s home owners’ policy? National American Insurance Company of California v. Coburn, 209 Cal. App. 3d 914, 257 Cal. Rptr. 591, 1989 Cal. App. Lexis 356 (Court of Appeal of California)
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