concurring in result. 0 c |
Under its policy with Microvote, GRE agreed to "pay those sums that [Micro-vote] becomes legally obligated to pay as damages because of 'bodily injury' or (property damage' to which this insurance applies[,]" subject to certain exclusions. Appellant's App. at 50. The majority lists several of these exclusions and ultimately concludes that the policy "clearly excludes defective products from coverage[.]" Slip op. at 7. The majority does not specify.on which exclusion it relies, but I presume that it must have relied on paragraph "m", which exeludes coverage for property damage to impaired property or property not physically injured arising out of a defect in Microvote's products.
There is no indication, however, that any property was damaged,_ or that any property damage arose, out of a defect in Mi-crovote's products. - Quite simply, the voting rmachines just did not work. Given that the damages at issue were not due to either bodily injury or property damage, I believe that we need not resort to the policy exclusions to affirm the trial court's grant of summary judgment in favor of GRE.