Farmers Fire Insurance v. Kingsbury

Appeal from that part of an amended order and judgment of the Supreme Court at Special Term (Harlem, J.), entered June 24, 1983 in Delaware County, which granted plaintiff’s cross motion for summary judgment.

Two issues are raised on this appeal: (1) whether an injury occurring while work is being performed on an automobile wheel, unattached to a motor vehicle, is an injury arising out of the “maintenance of a motor vehicle” and is thus excluded from coverage under the subject homeowner’s insurance policy, and (2) whether a person so injured qualifies as a residence employee injured in the…