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Auto Owners Mutual Insurance Co. v. Sugar Creek Memorial Post No.39769/30/2003
Sugar Creek Memorial Post No. 3976, Veterans of Foreign Wars of the United States, Inc. (the "VFW"), Olivia Rogers, and Monica and Douglas Sweet (collectively, "Appellants") appeal from the Circuit Court of Jackson County's grant of Auto Owners' Mutual Insurance Company' s ("Auto Owners'") Motion for Summary Judgment and Petition for Declaratory Relief. Appellants raise two points on appeal. In their first point, they argue the trial court erred in finding no liability coverage under the VFW's policy with Auto Owners, because the liquor liability exclusion and exception were ambiguous, in that Auto Owners' own managers and policy guidance documents, as well as persuasive opinions nationwide, acknowledge the ambiguity of the undefined policy terms. Appellants allege in their second point that the trial court erred in finding no liability coverage because their other viable allegations of negligence qualified for coverage in that neither the liability policy nor case law precluded recovery on these alternative grounds. We affirm the trial court's judgment.
Background
Olivia Rogers and Monica and Douglas Sweet filed petitions against the VFW alleging that, on June 6, 2001, an automobile driven by Dana Rogers was struck by a vehicle driven by Harry Bruce ("Bruce"), killing both occupants of the Rogers vehicle (Rogers and Elton Sweet). The petitions claimed that, prior to the collision, Bruce had been drinking alcohol served to him at a bar operated by the VFW. Rogers and the Sweets argued the VFW was negligent in serving alcohol to Bruce, when he was already obviously intoxicated, and that this negligence caused the deaths of Dana Rogers and Elton Sweet. Additionally, they alleged the VFW was negligent in failing to take certain steps to prevent the automobile accident, such as failing to take Bruce home or prevent him from driving.
Since 1975, the VFW has operated a bar open to the public. The bar held a liquor license and charged patrons for alcoholic beverages. The VFW employed a bartender and a club room manager. There was some evidence, disputed by Appellants, that the bar generated approximately $5,000 per month in gross revenues. At the time of the accident, the VFW carried a Commercial General Liability Policy with Auto Owners', but no separate liquor liability policy. The provision of the policy at issue, provided:
2. Exclusions
This insurance does not apply to:
c. "Bodily injury " or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(3) Any statute, ordinance, or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages.
Auto Owners' filed a petition for declaratory judgment seeking a declaration that each theory of liability asserted against the VFW was either (a) excluded from coverage by the exclusion above or (b) beyond the scope of cognizable tort liability under Missouri law. On October 28, 2002, the circuit court granted declaratory relief to Auto Owners' and granted its Motion for Summary Judgment. This appeal follows.
Standard of Review
ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp. , 854 S.W.2d 371 (Mo. banc 1993) controls the standard of review for an appeal from a grant of summary judgment. Quaker Oats Co. v. Stanton , 96 S.W.3d 1
Page 1 2 3 4 5 6 7 8 9 Missouri Personal Injury Attorneys
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