Trammel v. Liberty Mutual Fire Insurance

KIRBY, Judge.

Plaintiffs appeal the trial court’s denial of their motion for partial summary judgment, which dismissed their attempt to establish liability of the insured’s homeowner’s policy for the homeowner’s son’s injuries sustained while he was removing his father’s dead tree. The issue for review is whether a vehicular exclusion in the homeowner’s policy should bar plaintiffs’ 1 recovery when a cause covered under the policy existed (non-vehicular negli*79gence) concurrently with the excluded cause (vehicular negligence).

UNDERLYING FACTS AND PROCEDURAL HISTORY

John and Brenda Trammel sued…