Massachusetts Property Insurance Underwriting Ass'n v. Berry

The question before us is whether the motor vehicle exclusion in the applicable homeowner’s insurance policy relieves the insurer of the duty to indemnify the insureds for their liability to a third party for personal injuries arising out of a motor vehicle accident occasioned by the negligent operation of an underage minor who was under the influence of alcohol served or supplied to him while a guest at the insureds’ home. A judge of the Superior Court concluded that the motor vehicle exclusion in the governing policy differs from that in Worcester Mut. Ins. Co. v. Marnell, 398 Mass. 240,…