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March 5, 2014
Empire Fire Marine & Ins. v. Lang, et al., 655 F.Supp.2d 150 (D. Conn. 2009).

The United States District Court granted summary judgment for the plaintiff carrier as the subject policy’s “use” exclusion clearly and unambiguously barred coverage for losses arising out of the use of a rental vehicle regardless of who was operating the vehicle holding that the loss stemmed from construction that occurred prior to the inspection date of the Policy and thus excluded under the Policy. The court concluded that the use exclusion applied to both the renter of the vehicle and the operator of the vehicle regardless of who was operating.