Motor Vehicle Exclusion

nearly every industrial trendy legal responsibility and owners coverage coverage issued in the
nation of Missouri includes a Motor vehicle Exclusion. even though they may be worded in diverse
methods, most boil all the way down to except insurance that “arises out of the possession, preservation or
use of a motor vehicle.” The purpose of those exclusions could be very straightforward. The dangers
related to working a motor car are separate and wonderful from different risks of legal responsibility.
Missouri, like maximum states, has obligatory car insurance. people who power cars or
organizations that perform fleets of motors can and need to acquire coverage in particular designed to
cowl the operation of motor vehicles.
despite the fact that the phrase “arises out of” appears very huge and might exclude any coincidence that
takes place because of the operation or use of a motor car that has now not always been the case in
Missouri. sure courts have used some novel techniques to find insurance below non-car
regulations for accidents that honestly involved the usage of motor cars.
One such case is Bowan v. wellknown safety Indemnity business enterprise of Arizona, 174 S.W.3D 1 (Mo.
App. E.D. 2005). in that case the plaintiff, Ms. Bowan, a physically and mentally disabled
man or woman, become automatically transported to and from her place of business through preferred safety’s insured,
express medical Transporters. She changed into using in the insured’s 15-man or woman van while it was
worried in a collision with some other car. Bowan turned into no longer carrying a seat belt. She sustained
severe accidents within the coincidence, rendering her a paraplegic. general protection contended that there
changed into no insurance for the coincidence underneath the economic wellknown legal responsibility coverage issued to the
insured because of the motor vehicle exclusion. That exclusion supplied that the policy did not
apply to:
bodily injury or assets harm springing up out of the ownership, renovation, use
or entrustment to others of any aircraft, car or watercraft owned or operated through
or rented or loaned to any insured. Use includes operation and loading and
unloading. in addition, ‘loading and unloading’ is described as ‘the handling of
belongings.’
The courtroom applied the concurrent proximate reason doctrine to find that there was insurance underneath
the policy regardless of the motor car exclusion. Bowan had alleged within the non-public damage
motion towards explicit scientific Transporters that they had been negligent each inside the operation of the