Daggs

This action is brought directly against the liability insurer of the party alleged to be liable for plaintiff’s personal injuries. The trial court granted summary judgment in favor of the insurer, on the ground that the insurance policy clearly and unambiguously excluded coverage of the liability in question, and therefore the insurer had no duty to defend or indemnify the insured. Plaintiff appeals.

On May 19, 1974, plaintiff Elton M. Daggs, Jr., was competing in a motocross motorcycle race at Valley Cycle Park, a motorcycle racing park operated by Muntz Motor Cycle Parks, Inc. (hereinafter Muntz). Plaintiff was injured while operating his motorcycle when he collided with a chain link barrier fence surrounding the motorcycle course.

Plaintiff commenced an action against Muntz alleging that the chain link fence was negligently designed and constructed and a dangerous and defective condition likely to cause injury to persons using the motorcycle park, and that plaintiff was injured thereby.

Muntz’ liability insurer, defendant Foremost Insurance Company, refused to defend Muntz, on the ground the liability was clearly excluded from policy coverage. Plaintiff settled with…