Check Your Homeowners Insurance Policy For Exclusions To Coverage For Accidents Occurring on Your Property

In a new case which illustrates the unusual facts that lawyers sometimes confront, the Court held that defendant’s homeowners insurance policy did not cover an accident occurring on the defendant’s property.

 In August 2007, defendant and plaintiff attempted to lift a portable toilet onto the top of a deer stand that was located on defendant's property. Defendant attached a rope to the top of the modified portable toilet, ran it through a pulley attached to the top of the deer stand, and then attached the rope to the rear of his pickup truck. Plaintiff was standing on top of the deer stand during the attempted maneuver. When defendant began driving his truck forward to lift the portable toilet, the deer stand fell 20 feet to ground, as did plaintiff, who sustained various injuries.

 Plaintiff sued defendant, but the defendant’s insurance carrier denied coverage based upon language contained within the homeowner’s policy which excluded coverage for “bodily injury arising out of  the ownership, maintenance, use, loading or unloading of motor vehicles owned or operated by or rented or loaned to [defendant].” The Court agreed with the insurance carrier, thus leaving the defendant to incur his defense costs out of his own pocket.