Michael F. Schmidt Obtains Summary Judgment Enforcing Auto Insurance Policy Exclusion for Use of the Insured Vehicle While Makeing a Doordash Delivery

LM General Insurance Company v Herremans, ____ FSupp3d ____ (W.D. Mich, 2025), we represented LM General Insurance Company and filed a declaratory judgment action in US District Court arguing that LM General Insurance Company did not owe coverage to its insured Jonathan Peter Herremans for claims made against Herremans in an underlying lawsuit filed in Muskegon County Circuit Court arising out of an auto accident, when Herremans allegedly struck a pedestrian while making a DoorDash delivery.  We filed a motion for summary judgment arguing that coverage and a defense was excluded by the policy exclusion for “. . . liability arising out of the ownership or operation of a vehicle while it is being used as a public or delivery conveyance.  This includes but is not limited to any period of time the vehicle is being used by any ‘insured’ who is logged into a ‘transportation network platform’ as a driver . . .”  In addition, a second exclusion excluded coverage while the insured was “using any vehicle while employed in the pickup or delivery of goods including newspapers or magazines, food, or any products for the purpose of compensation . . .”  The Court, Judge Hala Y. Jarbou agreed with our argument and granted summary judgment in a six-page opinion holding that coverage and a duty to defend were barred by the policy exclusions.