The applicant insurer sought a declaration that it owed no duty to defend or indemnify the insured under a homeowner's policy for a third-party claim arising from a motor vehicle accident.
The underlying claim alleged the insured negligently operated his vehicle and also exited his vehicle to threaten the other driver.
The respondent automobile insurer argued the homeowner's policy might cover the threatening behaviour.
The court held that the insured's actions after exiting the vehicle were incident to the use or operation of a motor vehicle, and therefore fell within the homeowner's policy exclusion for claims arising from the ownership, use, or operation of a motorized vehicle.
The declaration was granted.
