Estate of Jones ex rel. Demet v. Smith

¶ 1. The Estate of Asia D. Jones appeals from the grant of summary judgment in favor of Capitol Indemnity Corporation, the general commercial general liability ("CGL") insurer for Come & Grow Learning Arts Center, Inc., and Wee World Day Care, Inc. (the Day Care Center involved in this case). The Estate contends the trial court erred when it ruled that Capitol's CGL insurance policy did not provide coverage based on the policy's exclusion for bodily injury arising out of the use of an automobile. The Estate argues that the "independent concurrent cause" rule applies, requiring coverage under…