Phoenix Insurance v. Churchwell

The principal issue in this case is whether the motor vehicle exclusion clause in a homeowner’s policy precluded coverage for bodily injury claims incurred in an automobile accident. A Superior Court judge, on cross motions for summary judgment, ruled that it did. This appeal by the claimants followed.

*613We summarize the uncontested facts and procedural history of the case. Amy Kirk (Kirk) was the owner and operator of a motor vehicle that slammed head on into a tree. In the car with Kirk were her daughter, Lauren Kirk, age two, and Cosette Churchwell, age three. Both children were in the rear…