Aetna Casualty & Surety Company v. Rowena

Appellant sought to be relieved of liability to pay a judgment in principal amount, $23,081.00, which was rendered upon default against its named insured, respondent Andrews Exterminating Company, Inc., in an issued Comprehensive General Liability Policy of insurance. The grounds asserted for declaratory relief that there is no coverage under the policy are (1) an exclusionary clause of no liability is effective because the explosion (in respondent Haas private residence which was being fumigated by a fogging insecticide operation) occurred while the residential property was in the "care, custody or control of the insured"; and here (2) the policy specifically excludes coverage when gas of any kind is used by the insured, it being contended that the fogging operation is a use of gas. The trial court denied relief to appellant and found that there was insurance coverage and appellant was liable for said judgment rendered against its insured, Andrews, and further rendered judgment for $1,154.05 interest on that judgment and for $1,500.00 as expenses and attorney fees incurred in defending the original action upon Andrews counterclaim for those three items, a total of $25,735.05.