Reversing a trial court's decision, a California appellate court has ruled that a motor vehicle exclusion in a homeowner's insurance policy barred coverage of claims against the insured homeowner and his wife after he accidentally ran over his granddaughter with his pickup truck.
The Case
After Jose Bautista accidentally ran over his two year old granddaughter with his pickup truck in his driveway, his insurance carrier, Farmers Insurance Exchange, sought a declaration that it was not obligated to provide coverage under the homeowner's insurance policy it had issued with respect to the resulting action that alleged, among other things, that Mr. Bautista's wife had negligently supervised their granddaughter. The insurer argued that the motor vehicle exclusion in the homeowner's policy precluded any potential coverage because all of the claims in the action arose out of Mr. Bautista's use of a motor vehicle.
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