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PHILLIPS v. ESTATE OF GREENFIELD

No. 72,060.

859 P.2d 1101 (1993)

Gary PHILLIPS, father and next friend of Michelle Dawn Phillips, a female minor child under the age of eighteen (18) years, Plaintiff/Appellant, v. The ESTATE OF Rocky Paul GREENFIELD, Deceased, Ricky P. Greenfield, individually, and Ronald Curtis Underwood, individually, Defendants, v. STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, and/or State Farm General Insurance Company, an Illinois corporation, Garnishee/Appellee, v. MID-CENTURY INSURANCE COMPANY, Intervenor/Appellant.

Supreme Court of Oklahoma.

September 21, 1993.

Attorney(s) appearing for the Case

James M. Levine, James M. Levine, P.C., Oklahoma City, for appellant Phillips.

W.R. Cathcart, Allison A. Herzfeld, Cathcart, Gofton & Stratton, Oklahoma City, for appellee State Farm.

John F. Percival, Culp, Heath, Sushnik & Percival, Oklahoma City, for appellant Mid-Century.

LAVENDER, Vice Chief Justice.

We decide here whether language of a motor vehicle exclusion in a homeowner's insurance policy excludes liability coverage for bodily injury and medical payments for a motorcycle-automobile accident where the claim against the insured is based on the theory of negligent supervision of or failure to control a child. We hold the exclusion precludes coverage.

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