OLT policy covering injuries “arising out of use” of property does not cover off-premises injuries not proximately caused by on-premises violation of law
How later courts described this case
- OLT policy covering injuries “arising out of use” of property does not cover off-premises injuries not proximately caused by on-premises violation of law
Written by the judges who cited it.
The opinion
*61 Wynne, J.
(dissenting). In my opinion we should hold that it is sound public policy which creates a civil cause of action under the Liquor Control Act which was not known at common law. The language in the insurance policy under scrutiny obviously comprehends the sale of intoxicating liquors under circumstances which impose liability under the statute. The dilemma facing insurance companies is an underwriting one rather than a legal one. And I believe that innocent people who are grievously injured through someone’s intoxication, or the estate of one whose life has been snuffed out under similar circumstances, ought to have a cause of action that is not an empty sham.