United States Fifth Circuit
Lincoln Gen. Ins. Co. v. Aisha's Learning Ctr., 05-10981
A decision that a daycare center is not covered for injuries to a child in its care by operation of the automobile exclusion of a commercial general liability (CGL) policy is affirmed where the child's injury -- which resulted from being left trapped in a van -- arose out of the use of the vehicle, and thus, the auto exclusion in the CGL policy applied.
Appellate Information
- Decided 10/24/2006
- Published 10/25/2006
Judges
- EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- David John Kennedy Metzler (argued), Cowles & Thompson, Dallas, TX, for Lincoln Gen. Ins. Co., Wade Austin Barrow (argued), Fort Worth, TX, for Aisha's Learning Ctr.