The circuit court concluded that the term referred to “carrying anybody or anything for hire.” It granted Society's summary judgment motion and subsequently denied Buttney's motion for reconsideration. Buttney argued that the exclusion was inapplicable because the term “public or livery conveyance” referred only to carrying passengers as opposed to packages. Society, arguing that Buttney was using his personal vehicle as a “public or livery conveyance” at the time of the accident, moved for summary judgment. This exclusion does not apply to a share-the-expense car pool. We do not provide Liability Coverage for any … person's liability arising out of the ownership or operation of a vehicle while it is being used as a public or livery conveyance. ¶ 4 Society's personal auto policy contained the following relevant exclusion to its liability coverage: Buttney's deposition testimony revealed his belief that the reason he had policies with two separate insurers was that the Auto-Owners policy was intended to cover the vehicle used by the business, and the Society policy was intended to cover his personal vehicles. Auto-Owners concurrently insured Buttney's 1990 Chevy truck for business use. The jeep and another Buttney-owned vehicle were insured under a Society-issued personal auto policy.
At the time of the accident, Buttney, driving his 1987 Jeep Grand Cherokee, was attempting to drop off several undelivered packages at a Federal Express drop box.
#Livery conveyance definition driver
¶ 3 On December 22, 1994, Buttney was involved in an automobile accident, resulting in the underlying action by Diana Morris, the driver of the other vehicle, against Buttney and his insurers. It also operates as a messenger service and air forwarder. Northwoods is a general delivery service, available to the public, that is in the business of picking up and delivering essentially anything except hazardous waste and groceries. ¶ 2 Buttney is the sole owner of a business known as Northwoods Delivery. Accordingly, we affirm the judgment and order. We further conclude that at the time of the accident, Buttney's vehicle was not only being used as a public or livery conveyance, but was additionally held out for hire to the general public. We conclude that the term “public or livery conveyance” applies to the transport for hire of things as well as people. He argues, in the alternative, that even if the exclusion is deemed applicable to transport both people and goods, application of the exclusion is precluded because the insured automobile was not held out for use by the general public at the time of the accident. Buttney argues that the “public or livery conveyance” exclusion in Society's policy does not apply where, as here, the insured automobile is used for delivering packages as opposed to transporting passengers. Buttney also appeals from an order denying his motion for reconsideration. James Buttney, Northwoods Delivery Service and Auto-Owners Insurance Company (collectively, Buttney), appeal from a summary judgment declaring that Society Insurance Company is under no duty to defend or indemnify Buttney, its insured, for claims arising from an automobile accident. On behalf of the defendant-respondent, the cause was submitted on the brief of James W. Ellison of Wendorff, Ellison & David of Wausau. On behalf of the defendants-appellants, the cause was submitted on the briefs of Keith F. Decided: December 28, 1999īefore CANE, C.J., HOOVER, P.J., and PETERSON, J.
BUTTNEY, individually and d/b/a Northwoods Delivery Service, and Auto-Owners Insurance Company, Defendants-Appellants, Society Insurance Company, a mutual company, Defendant-Respondent. MORRIS, Plaintiff, Wausau Insurance Companies and WEA Insurance Group, Nominal Plaintiffs, v.
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