United States First Circuit

Judgment for defendant-insured in an action brought by plaintiff-insurer seeking a declaratory judgment that exclusions in its policies from property not insured by the policies pretermitted any obligation either to continue to defend defendant in an underlying negligence suit or to indemnify him against any damage award for burn injuries to a party that occurred on property owned by defendant which was not insured by plaintiff, is affirmed, where: 1) the fire pit was a portable item of personal property that happened to be stored in a building on the subject premises; and 2) the exclusion does not apply here because the occurrence did not arise out of a condition of the premises.

Appellate Information

• Decided 10/09/2013
• Published 10/09/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel