A unit in the Argo Group is not responsible for the death of a motorist who was killed when he collided with a sawmill's swinging metal gate, based on an automatic exclusion from its policy, a federal appellate court ruled on Thursday and upheld a lower court ruling.  Marion Wright drove his personal vehicle to a felling site in Claiborne County, Mississippi, in January 2018, as he drove past a sawmill owned by Port Gibson, Mississippi-based V&B International Inc., according to the 5th U.S. Circuit Court ruling of Appeals in New Orleans and Colony Insurance Co. v. Brandon Keon Wright, on behalf of Marion Earl Wright's wrongful recipient of death; V&B International Inc.
The sawmill's metal gate swung out across the road and Mr. Wright collided with it. He suffered several traumatic injuries and died on the spot, the verdict said.
V&B had purchased a commercial general liability insurance from Argo Group's unit Colony Insurance Group. The policy included a recommendation entitled "absolutely automatic exclusion" which excluded bodily injury that occurred directly or indirectly through the use of any car.
Mr. Wright's beneficiaries sued in the Mississippi State Court, where a final judgment said that V&B had settled with the beneficiaries for $ 900,000, which would be collected "only against applicable insurance income, if any."
Colony then sued in the U.S. District Court in Jackson. , Mississippi, and sought an explanation that they had no liability under their policy for Mr. Wright's death. The district court granted Colony a summary judgment, which was upheld by a unanimous three-judge appellate court.
"The only question before this court is whether a valid exclusion applies," the panel's decision said. "There is no coverage for damages arising & # 39; directly or indirectly from … use … of any" car "without limiting the effect of the provision to the insured's cars," the judgment said.
"Taking it absolute automatic exclusion as written, the insurance excludes coverage regardless of connection ̵
Lawyers in the case had no comments.