State Farm Mutual Automobile Ins. Co. v. Elmore

This case presents question as to whether trial court properly granted plaintiff-insurance company’s motion for summary judgment in its action seeking declaration that “mechanical device” exclusion contained in policy issued to defendant-insured barred coverage for defendant’s injuries incurred while unloading grain truck with auger used to transport grain to another truck. Appellate Court, in remanding matter for entry of summary judgment in defendant’s favor, found that mechanical device exclusion, which precluded coverage for injuries resulting from movement of property by means other than hand truck that is not attached to vehicle, was overly broad because insured could not discern which devices could potentially trigger exclusion. As such, Appellate Court found that exclusion could not be enforced. (Dissent filed.)