Part Business–Part Personal Trip Insufficient to Allege Garage Operations

Tower Nat’l Ins. Co. v. Dixie Motors (E.D. La., May 20, 2015)

The underlying plaintiff was injured while on a sailing vacation in the Bahamas when the owner of the policyholder, Dixie Motors, negligently caused a golf cart to tip over. The policyholder claimed the accident occurred on a business-sponsored trip. The court rejected the claim because the policyholder’s executives used their bonus to pay for the trip, the only business guests paid for their own trip, the policyholder’s owner claimed the trip was part business and part personal, and it was not even suggested that the two passengers in the vehicle were engaged in the policyholder’s operations at the time of the accident. Therefore, the court found no duty to defend because there was not even a hint that the use of the golf cart was for garage operations or activities incidental to such operations.