Cawthon v. State Farm Fire & Cas. Co

In Cawthon v. State Farm Fire & Cas. Co., 965 F. Supp. 1262 (W.D. Mo. 1997), the property owner was attempting to remove a tree limb that was embedded in the ground with a nylon rope that was tied to a trailer hitch of a pickup truck. As the owner drove his truck, the limb came loose, striking and killing his grandson. There was an automobile policy and a homeowners policy in effect. The automobile policy paid, but the homeowners policy had a provision excluding coverage for "bodily injury or property damage arising out of the ownership, maintenance, or use of a motor vehicle owned or operated by the insured." Id. at 1264. The United States District Court for the Western District of Missouri held that "the operation of the vehicle and the negligent plan for tying the ropes were, at most, concurrent causes of the grandson's death. The use of the truck was an antecedent, independent factor which contributed to the grandson's injuries." Id. at 1269. Therefore, the court held that the vehicle exclusion clause did not preclude coverage for the negligent planning and tying of the ropes. Id. at 1270.