Hurston v. DufourHurston v. Dufour
BARHAM, DIXON, and CALOGERO, JJ., are of the opinion the application should be granted. The Court of Appeal‘s construction of the exclusionary clause to personal liability under Aetna‘s Homeowner‘s Policy is erroneous. The exclusion is only for the insured‘s “ownership, maintenance, operation, use ....” of an automobile away from the premises. The coverage of insured for “all sums which the insured shall become legally obligated to pay as damages” is modified by the exclusion clause only for her acts. There is no exclusion of her liabilities for acts of others in connection with their ownership or use of automobile away from the premises. The Court of Appeal reads ”liability arising from” to the exclusionary clause. The contract should be construed favorable to the insured.