· 2/1/1993
McPherson Ex Rel. McPherson v. Michigan Mutual Insurance
Citations
- 426 S.E.2d 770
- 310 S.C. 316
- 1993 S.C. LEXIS 22
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that exclusionary clause bars coverage of otherwise covered conduct because “without the [excluded risk], there is no link by which the [covered conduct] can be independently connected to [the losses]”
- holding an appellate court must construe the phrase arising out of narrowly in a clause of exclusion
- stating “rules of construction require clauses of exclusion to be narrowly interpreted, and clauses of inclusion to be broadly construed”
- “arising out of’ in clause of inclusion connotes “incident to,” “flowing from,” or “having connection with” as well as “causal relation to.”
- “[H]old[ing] that for the purpose of construing an exclusionary clause in a general liability policy, ‘arising out of should be narrowly construed as ‘caused by.’ ”
- finding that even under a narrow construction of the exclusion, the injury caused by the city's alleged failure to train and supervise its officers was not covered under the policy which excluded injuries arising out of the ownership of automobile
Source: CourtListener parenthetical corpus (CC0).
Judges: Harwell, Chandler, Finney, Toal, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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