Gracey v. Heritage Mutual Insurance Co.

Plaintiff appeals from the district court ruling that an insurance policy did not provide liability coverage. We affirm.

Eleven-year-old Justin Putnam accidentally ran over the foot of his Mend, twelve-year-old James Belt, with a lawn mower. Justin was using his aunt and uncle’s riding lawn mower to cut his grandparents’ grass.

Connie Gracey, individually and as mother and next Mend of James, filed suit against Justin and his parents. Justin’s parents’ homeowner’s insurer, Heritage Mutual Insurance Company (Heritage), refused to provide a defense. A consent judgment was entered for $100,000 and…