Attorney obtained summary judgment in favor of our client, an insurance carrier in an insurance coverage case
Attorney obtained summary judgment in favor of our client, an insurance carrier in an insurance coverage case. The insured was a broker who facilitated dumping and excavation operations. One of the subcontractors used by the insured was involved in an accident. The insurance policy issued to the insured excluded coverage for any claim arising out of auto accidents. The insured argued that the claim was not for the operation of a motor vehicle but for the negligent provision of site safety. The court rejected the argument and held the "arising out of" language did not require the insured's negligence be the proximate cause in order for the exclusion to apply. The underlying claim was still a bodily injury claim cause by an auto accident.