Judgment on the pleadings for insurer on “auto” exclusion

Posted by Bradford S. Purcell | Aug 18, 2014 | 0Comments

Tom Underwood and R.J. VanSwol obtained judgment on the pleadings for a general liability insurer in a coverage dispute with an auto liability insurer. P&W filed an action seeking a declaratory judgment that the general liability insurer had no duty to defend a lawsuit based on bodily injuries that the underlying plaintiff sustained while helping the insured to move an oversized girder on public roads. The Circuit Court of Cook County agreed with P&W that under either Illinois or Tennessee law, the general liability policy's “auto” exclusion applied to the insured's specialized trailer and the risk of injury or damage in the course of transporting a girder was the sort of risk covered only by the auto policy, not by the general liability policy.

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