Restaurant’s Insurer Has No Duty to Defend or Indemnify Delivery Driver

Posted by Bradford S. Purcell | Nov 01, 2017 | 0Comments

R.J. VanSwol obtained judgment on the pleadings in favor of a restaurant's insurer on the grounds that it owed no coverage to a delivery driver in an underlying suit based on an auto accident with a pedestrian. The DuPage County court agreed with P&W's arguments that the restaurant's auto liability policy did not apply because the driver was not an insured under the policy while using a car that he or a member of his household owned, and that even if he had qualified as an insured under the restaurant's general liability policy, the auto exclusion in that policy would have precluded coverage for the alleged accident.

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