Van Vleck v. Barbee

The trial court dismissed plaintiff Francis Van Vleck’s garnishment action against Ohio Casualty Insurance Company, based upon an exclusion clause in the insurance policy which was the subject of the garnishment action. Van Vleck appeals from the dismissal of his complaint and argues that the policy’s automobile business exclusion clause (1) is contrary to public policy and (2) is not applicable to the insured in the instant case.

The following facts are pertinent to the issues on this appeal. On November 1, 1978, plaintiff Van Vleck and defendant Richard Barbee were involved in an automobile…