Adams Kleemeier Hagan Hannah & Fouts PLLC - Articles -... -
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Published on: 7/27/2001
Last Visited: 4/13/2002
and Adrian J. Gordon
General liability insurance policies (e.g., commercial general liability and homeowner's) routinely contain an auto exclusion clause.In essence, this clause provides that claims arising out of use of a motor vehicle are not covered under CGL or homeowner's insurance policies.The exclusion serves the function of limiting a carrier's liability in an area where the insured should have separate auto liability coverage.But if the complaint in a case involving the use of a vehicle also contains claims alleging separate acts of negligence that are non-vehicle-related, the auto exclusion might not apply.See, e.g., Mutual of Enumclaw Insurance Co. v. Jerome, 122 Wash.2d 157, 856 P.2d 1095, 1097 (1993).Auto exclusion clauses in CGL or homeowner's policies typically exclude coverage for:
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Adrian J. Gordon is a partner in the Philadelphia office of Wilson, Elser, Moskowitz, Edelman & Dicker.Both authors focus their litigation practices on insurance coverage, commercial, and environmental liability.