This was an appeal from summary judgment against a homeowners policy insurer to the effect that injuries incurred by a young woman, who fell to the ground when pulled by the insured from the hood of his pickup truck, were not excluded from coverage because of a motor vehicle exclusion. The incident occurred when a group of young people were socializing and the vehicle was parked in front of a house.

The insurer argued that its policy was not applicable by virtue of the standard personal liability exclusion for "....bodily injury or property damage arising out of the ownership, maintenance, use or entrustment of....any land motor vehicle, other than a recreational motor vehicle, owned or operated by or rented or loaned to an insured...."

The appeal court acknowledged cases from various jurisdictions holding "injuries arising out of the use of a motor vehicle even where the relation between vehicle and injury is merely incidental" were subject to the exclusion. However, it said that a more narrow construction of the phrase "arising out of the ownership, maintenance or use" has been followed in Indiana.

Accordingly, the court concluded that "the efficient and predominating cause of the accident" in the case under review did not arise from the use of the vehicle. The truck was "little more than a platform that was only incidentally related to the accident."

The judgment of the trial court was affirmed in favor of the insured and against the insurer.

(SHELTER MUTUAL INSURANCE COMPANY, Appellant, Third-Party Defendant v. BARRON ET AL., Appellees, Defendants, Third-Party Plaintiff. Indiana Court of Appeals, Fifth District. No. 32A05-02-2-CV-53, June 4, 1993. CCH 1993-94 Fire and Casualty Cases, Paragraph 4404.)