The plaintiffs brought a motion for summary judgment in their direct action against the defendant insurer under s. 132(1) of the Insurance Act.
The plaintiffs had previously obtained a consent judgment against their tenant, who negligently caused a fire while repairing his automobile in the attached garage.
The defendant insurer denied coverage under the tenant's policy, relying on a motorized vehicle exclusion.
The court found that the omnibus exclusions, including the motorized vehicle exclusion, applied to the Tenants Legal Liability coverage.
The court also held that the tenant's maintenance of his vehicle constituted 'use' of a motorized vehicle and that there was an unbroken chain of causation between the maintenance and the fire.
The plaintiffs' claim was dismissed.
