Farmers Insurance Exchange v. Cheekati

Insurance coverage dispute arising out of a personal injury claim involving a rental property. The plaintiff denied coverage pursuant to a homeowner’s insurance policy based on two policy exclusions and sought declaratory judgment stating it did not have a duty to defend. The trial court granted plaintiff’s motion for judgment on the pleadings and defendants appealed. The appellate court affirmed finding coverage was precluded under both the resident exclusion and the rental property exclusion contained in the homeowner’s policy. The court further found that defendants’ estoppel argument and counterclaim were properly denied by the trial court. (KNECHT and STEGIMANN, concurring)