Dist. Ct. did not err in granting plaintiff-instance company’s motion for summary judgment in its action seeking declaration that it had no duty to defend or indemnify defendant-insured in accident in which insured hit third-party with truck while insured was pulling woodchipper with truck onto roadway while third-party was walking on roadway. Record showed that insured had two policies, with one errors and omissions policy having exclusion for coverage for bodily injuries arising out of use of auto designated for travel on public roads including any attached machinery, and with a second commercial general liability, which covered only injuries arising out of operation of machinery or equipment that was attached to land vehicle. Dist. Ct. could properly find no coverage under either policy, where: (1) woodchipper was not being operated at time of accident; and (2) errors and omissions policy foreclosed coverage where third-party’s injuries arose out of use of truck.
Federal 7th Circuit Court
Civil Court
Insurance