Hudnell v. Allstate Ins. Co

In Hudnell v. Allstate Ins. Co., 190 Ariz. 52, 55, 945 P.2d 363, 366 (App. 1997) the court considered whether injuries caused by a dirt bike crash on a roadway adjacent to the insureds' home were covered under a homeowners policy. 190 Ariz. at 54, 945 P.2d at 365. The insureds argued that the adjacent roadway should be considered part of the homeowners' insured "premises" because it had been used to test-drive the dirt bike after making repairs on the insured premises. Id. The court noted that the purpose of a vehicle exclusion in a homeowners policy is to require the insured to obtain separate automobile insurance. Id. at 56, 945 P.2d at 367. The court explained that interpreting the policy to "extend coverage to any instance where the insured chooses to use a public street to continue an activity he performed on his residence premises" would "blur the distinction between homeowners and automobile insurance." Id. In short, because extending coverage under the "in connection with" provision would essentially eliminate the vehicle exclusion, the court declined to broadly construe the "in connection with" provision.