Merrell v. Republic Western Insurance Co.

Summary

The Colorado Court of Appeals affirmed summary judgment for Republic Western Insurance Company in a dispute over medical-payments coverage. The court held that the policy’s reference to bodily injury caused by the insured’s “operations” covered only activities actively engaged in by the insured for its business, not the renter’s use of equipment after the rental. Because the plaintiff was injured while using rented equipment for his own purpose, he was not entitled to medical-payments benefits.

Holdings

1. The phrase "your operations" means the process or series of acts actively engaged in by the insured, All Seasons, on behalf of its business; it does not include activities undertaken by a renter using equipment for the renter's own purpose.
2. Merrell was not entitled to medical-payments benefits because his injury was not caused by All Seasons' operations, and summary judgment for Republic was proper.

Questions Presented

1. Whether the term "your operations" in the medical-payments provision included a renter's use of equipment rented from the insured.
2. Whether Republic was entitled to summary judgment because Merrell's injury was not caused by All Seasons' operations.

Disposition

affirmed