Skip to main content
A Better Partnership
June 19, 2013

COA holds that a homeowners insurance policy does not cover damages resulting from an accident where the insured's trailer detaches from a vehicle while being towed

In Pioneer State Mut. Co. v. Dells, the COA held that a homeowner's insurance policy did not apply to a trailer that caused a fatal car accident. The liability insurance expressly excludes bodily injuries that arise out of the use of a motor vehicle and trailers, but includes an exception that liability applies to trailers not towed. A trailer towed by a van driven by the defendant, Dells, separated from Dell's van and crashed into another vehicle, killing the driver. The driver's estate brought a claim alleging that Dell's liability policy covered the accident because the trailer was not being towed by the van at the time the trailer hit the other vehicle. The COA disagreed and held that the trailer exception did not apply because the death arose out of the use of a motor vehicle'Dell's van'which is excluded from Dell's liability insurance. The court explained that Dell's van played an integral role in the accident because there would have been no accident if the trailer was not in tow. Therefore, the court held that the vehicle exclusion barred liability coverage, despite the fact that the trailer was not attached to the van when it hit the other vehicle.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset