Sexton v. Omaha Property & Casualty Insurance Co.

JEFFREY W. BATES, Chief Judge.

Omaha Property and Casualty Insurance Company (Omaha) appeals from a summary judgment in favor of Jordon Sexton (Sexton) in his equitable garnishment action against the insurer. The judgment awarded Sexton the $300,000 limit of a homeowner’s policy issued by Omaha, plus post-judgment interest on the underlying judgment in Sexton’s personal injury action. On appeal, Omaha argues the trial court erred as a matter of law because: (1) the underlying action arose out of the use of a motor vehicle and was, therefore, excluded from coverage under the homeowner’s policy;…