Country Mutual Ins. Co. v. Oehler’s Home Care, Inc.

Trial court erred in granting defendants-insureds' motion for summary judgment in plaintiff-insurance company’s action, alleging that it owed no duty to defend defendants in underlying action alleging that defendants were negligent in causing death of spastic quadriplegic individual when placing said individual in specialized vehicle to transport him home. While trial court found that automotive use exclusion to coverage in instant business owner’s policy did not apply, Appellate Court found that said exclusion did apply, where: (1) complaint alleged that deceased was injured when defendants’ employees were in process of transferring deceased into his van seat; (2) depositions in case made it clear that accident would not have occurred but for preparations for putting deceased into van; (3) entering and exiting van were fundamental actions associated with “use” of van; and (4) allegations in complaint and testimony in depositions demonstrated that instant accident could not be separated from use of vehicle. Ct. rejected defendant’s claim that use of automobile exclusion did not apply, since, according to defendants, it was limited only to actions associated with loading and unloading property into and from vehicle.