Use of a Motor Vehicle and Coverage under a Homeowners Policy

The insurer brought an action seeking a declaratory judgment that it owed no duty to defend the insured in an underlying action that arose when a person was injured in an accident involving the use of an auto. This case is Hays v. Georgia Farm Bureau Mutual Insurance Company, 722 S.E.2d 923 (2012).

 Buckbee and Hays attempted to lift a portable toilet onto the top of a deer stand that was located on Buckbee's property. Buckbee attached a rope to the top of the modified portable toilet, ran it through a pulley attached to the top of the deer stand, and then attached the rope to the rear of his pickup truck. Hays was standing on top of the deer stand during that attempted maneuver. When Buckbee began driving his truck forward to lift the portable toilet, the deer stand fell, as did Hays, and he sustained various injuries.