Beauty
parlor customer, Westby, visited a parlor that was insured under a policy
issued by a Lloyds of London syndicate. She sued the parlor. Her suit alleged
that her
injuries arose out of the application of a dye to her eyelashes and
eyebrows. She won a judgment against the beauty parlor operator and filed an
action against the latter's insurer.
The trial
court dismissed the action against the insurer and Westby appealed. The higher
court focused on the pertinent policy language. A policy
exclusion read as follows:
"This
insurance does not cover loss on account of injuries suffered by any person by
reason of or caused by the application and/or use of any eyebrow or eyelash
dyes."
In light
of the language, the appellate court sustained the lower court’s decision to
dismiss the case.
Westby,
Appellant v. Underwriters At Lloyds,