Allstate Indemnity Company v. Levina Rice

The umbrella policy Allstate Indemnity issued to the Underwoods contains an ambiguity which must be construed in Rice’s favor, and results in coverage for the Un-derwoods’ personal activity of allowing the permissive use of their vehicle by Howard Wiebe. I therefore dissent from the decision to affirm the district court.

Under the section of the umbrella policy entitled “Excess Liability Insurance Coverage XL (XL coverage),” Allstate Indemnity agreed to provide coverage for an occurrence arising out of the personal activities of an insured person, “including the permissive use of a land…