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Strickland v. Auto Owners Insurance Co.6/15/2005
ntention that the Agreement constituted a lease between them.
Given the facts of this case, we must be mindful of Grain Dealers's admonition:
The intent of the policy, coupled with the exclusion, controls coverage, not how artfully a claim is drafted to bring inclusion within the coverage language and to avoid the exclusion language. Thus, the underlying facts and circumstances of the claim, rather than the theory of the claim, determine whether or not the exclusion applies.
Grain Dealers, supra at 856 (a).
Here, following the common practice of the industry, SG entered into a lease with George for his tractor and services. SG separately provided auto accident insurance policies to cover this incident, which was excluded under the Auto Owners policy.
Based on the clear language of the exclusion at issue here, the Auto Owners policy purchased by SG did not cover Motor Vehicle accidents occurring in the course of SG's business at all. That was the purpose of the Underwriters Policy. Accordingly, we must affirm the trial court.
3. Given our holding above, we need not address the Stricklands's remaining enumerations of error.
Judgment affirmed. Miller and Bernes, JJ., concur.
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