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Foremost Signature Ins. Co. v. Parker

ELR Citation: 37 ELR 20174
Nos. No. 4:05-cv-02777, (D.S.C., 06/26/2007)

The court held that various exclusions contained in a mobile home insurance policy do not bar coverage for underlying claims stemming from an explosion in the insured's trailer. The insured, who lived in a mobile home, allowed guests to stay in a trailer on the insured's property. The guests suffered severe injuries when they attempted to light a gas oven that was not correctly connected to the gas line. The insurer claimed that several exclusions barred coverage. But the policy exclusion for persons who regularly reside on the premises does not apply because the guests did not regularly reside there and because the trailer is not a "structure" under the terms of the policy exclusion. Nor did the exclusion for vehicle use apply because the trailer was not being used as a vehicle at the time of the accident and had not been so used for years. And the policy's pollution exclusion clause did not apply because the guests' injuries did not arise from the release of gas or the ingestion, inhalation, or absorption of propane gas but rather from the alleged negligence of the insured. The insured's motion for summary judgment was therefore denied.