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Marquis v. State Farm Fire and Casualty Co.6/5/1998
689, 697, 840 P.2d 456 (1992) (citing Upland for the proposition that " nlike Michigan, Kansas does not look to the underlying cause of the injury to determine coverage, but to the specific theory of liability alleged").
The time has come for Kansas to join the majority of jurisdictions. I would hold the factual cause of the injury governs the construction of the exclusion language. We should not hold that coverage exists under the contractor's general liability policy.
We might also look at the "entrustment" of the use of a motor vehicle as including the underlying hiring, training, retention, supervision or other inventive theory of liability (without limitation) charged to an employer . All of these actions are merged into and become a part of the entrustment of the motor vehicle to the driver who may ultimately negligently cause an accident which results in damages. This is exactly what logic tells us was clearly intended by the exclusion in the contractor's general liability policy. There is not coverage under the facts of this case under the contractor's general liability policy.
McFARLAND, C.J., and SIX, J, join in the foregoing Dissent.
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