Grange Ins. Co. of Mich. v. MS Escort Truck Servs., LLC

1 Citing case

  1. Penn-Star Ins. Co. v. J&J Pilot Cars, LLC

    527 F. Supp. 3d 1282 (D. Kan. 2021)

    These vehicles were not merely the "situs" of the property damage—the overpass damage happened while Smith and Plummer were using the vehicles for their intended purpose, and their use created the condition that allegedly caused the overpass damage. Doc. 33 at 3–4 (quoting Grange Ins. Co. of Mich. v. MS Escort Truck Servs., LLC , 2018 WL 3186230, at *5 (Mich. Ct. App. June 28, 2018) ).Cf.Cameron Mut. Ins. Co. v. Ward , 599 S.W.2d 13, 14 (Mo. Ct. App. 1980) (finding vehicle was merely the "situs" of the accidental discharge of a rifle that caused the injury); Pope v. Stolts , 712 S.W.2d 434, 435–36 (Mo. Ct. App. 1986) (finding insufficient causal connection between the use of a "jump vehicle" to jump start a stalled vehicle and injuries to the plaintiff caused by an uninsured motorist crossing lanes of travel); Steelman v. Holford , 765 S.W.2d 372, 375 (Mo. Ct. App. 1989) (finding auto exclusion in homeowner's policy did not apply where vehicle was the situs of a firearm discharge; the use of the vehicle was temporally and spatially related, but not causally); Ward v. Int'l Indem. Co. , 897 S.W.2d 627, 628-29 (Mo. Ct. App. 1995) (finding injuries from drive-by-shooting did not arise out of the use of a vehicle because it was merely the situs of the cause of the injury).