Westfield Insurance Co. v. Hunter
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In this appeal, the Supreme Court interpreted an exclusion in a homeowner's insurance policy that denied coverage for claims "arising out of" premises that are owned by the insured, but are not an insured location under the policy. Appellee Westfield Insurance provided Appellants Michael and Marilyn Hunter's insurance on their Ohio home; the Hunters hold an additional policy for any personal liability that arises from bodily injury or property damages. The Hunters also own a farm in Indiana that is not a named insured location under the Westfield policy. The Hunters purchased liability insurance for the Indiana property from co-appellant Grinell Mutual Reinsurance Company. Children playing on the Indiana property suffered bodily injuries on the property, and brought suit against the Hunters for negligence. The Hunters applied to Westfield seeking indemnification under their personal liability policy. Westfield brought a declaratory judgment action against the Hunters and Grinell seeking a declaration that it had no duty to defend or indemnify the Hunters for claims asserted in the Indiana lawsuit. At trial, the court reasoned that the claims raised by the injured children "arose out of" premises that were not insured by Westfield, therefore Westfield had no duty to indemnify the Hunters for personal liability claims. Grinnell appealed to the Supreme Court for discretionary review, and secured an order from the appellate court certifying that its decision in this case was in conflict with that of another state appellate court. On review of the lower courts' holdings, the Supreme Court found that the Westfield policy does exclude coverage for claims arising from the Indiana property, or any claims based solely on the insured's ownership of the property on which the injury occurred.
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