Opinion
210443
10-05-2021
ERIE INSURANCE EXCHANGE v. DIAMOND DANELLE JONES, AN INFANT BY HER MOTHER AND NEXT FRIEND, TRACY HARDISON
Counsel Henry C. Spalding, III and John P. O'Herron (Thompson McMullan, P.C.) for appellant. David Adam McKelvey (Crandall and Katt) for appellee.
The Pittsylvania County Circuit Court; S. Moreau, Judge.
Counsel Henry C. Spalding, III and John P. O'Herron (Thompson McMullan, P.C.) for appellant.
David Adam McKelvey (Crandall and Katt) for appellee.
GRANTED APPEAL SUMMARY
Assignments of Error
1. The circuit court erred by granting the plaintiff summary judgment, and denying Erie summary judgment, on the ground that the term "lawn or farm type vehicle" was ambiguous as used in the Policy and could apply to the four-wheeler at issue.
2. The circuit court erred in denying Erie's motion for summary judgment because under the provisions' plain meaning, Exclusion 6 of the Policy precludes coverage and Exception 5 to that exclusion does not apply.