Auto-Owners Insurance Company v. Veterans of Foreign Wars Post 5906
2009 WL 103197
Opinion by Judge Lambert; Judges Clayton and Wine concurred.
The Court affirmed a summary declaratory judgment in favor of a VFW post finding that it was entitled to liability coverage and indemnity under a liability policy entered into with the appellant insurer. The Court held the commercial general liability insurance policy provided coverage for a wrongful death claim arising from an automobile accident involving a driver who had visited the VFW prior to the accident. The exclusion contained in the policy pertaining to incidents involving bodily injury or property damage in causing or contributing to the intoxication of a person was not applicable because the VFW was not in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages but rather, was primarily concerned with the operation of its bingo hall and various charitable activities and simply a storage facility for its members’ alcohol.