METROPOLITAN PROPERTY & LIABILITY INSURANCE COMPANY v. Mr. Pride of Atlanta, Inc.

Marshall, Chief Justice.

Mr. and Mrs. Fritz were struck and killed on the premises of a “Mr. Pride” car wash by an automobile which was owned by a third party and which just had been pulled mechanically through the car-wash tunnel and was being driven to the “drying bay” by a Mr. Pride employee. The Fritzes’ children brought a wrongful-death action against the car wash, which, in turn, filed a third-party complaint against the liability insurer of the automobile in question, appellant Metropolitan. The policy contained the following exclusion: “We do not cover . . . (e) bodily injury or…