Allstate Insurance v. Johnston

OPINION

MARTONE, Justice.

¶ 1 Automobile policies cover losses arising out of the use or occupancy of motor vehicles. Conversely, homeowners policies exclude coverage for injuries arising out of the use or occupancy of motor vehicles. This case is a coverage case, not a tort case. We must decide whether the injuries sustained by a passenger arose out of the use or occupancy of a vehicle within the meaning of the automobile exclusion of a homeowners policy. We hold that the injuries do arise out of the use or occupancy of a vehicle and therefore coverage is excluded.

I

¶2 There were three vehicles…