Western Agricultural Insurance Co. v. Arbab-AzzeinAnnotate this Case
The Supreme Court affirmed the decision of the circuit court determining that Insurer's decision to deny coverage for a single-vehicle accident was not in violation of its duty, holding that the court did not err in concluding that the insurance policy did not provide coverage for Defendant's injuries.
Appellant suffered serious injuries when a van in which he was a passenger rolled over in a single-vehicle accident. Appellant brought an action against the driver for personal injuries. The driver had purchased a motor vehicle insurance policy from Insurer. Relying upon policy provisions excluding coverage for any vehicle being used to carry people for a fee, Insurer denied coverage and refused to defend the driver. Insurer then brought this declaration action against Appellant and the driver to determine coverage. The circuit court determined that Insurer had no contractual obligation to defend the driver or provide indemnity for the accident. The Supreme Court affirmed, holding the circuit court did not err in concluding that Insurer's policy exclusions were applicable and denying coverage for the accident.