Allstate Property and Casualty Insurance Company v. Mahoney 

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2011 IL App (2d) 101279
Decision Date: 
Tuesday, November 1, 2011
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK
(Court opinion corrected 11/8/11.) Plaintiff, who owned a garage where another person was working on his motorcycle, was injured while test-driving the motorcycle at the request of its owner, when the brake pedal its owner had welded on to cycle snapped off. Garage owner sued motorcycle owner for his injuries, and his parents' homeowner's insurer filed declaratory judgment action. Negligent welding of brake pedal would not have proximately caused injuries had the motorcycle not been in motion at time of accident, and was thus not "wholly independent" of the use of the motorcycle. Thus, insurer had no duty to defend, per policy's motor vehicle exclusion. (HUTCHINSON and BURKE, concurring.)