Bennett v. Nat. Union Fire c. Co.

1 Citing case

  1. Continental Western Insurance Co. v. Klug

    394 N.W.2d 872 (Minn. Ct. App. 1986)   Cited 5 times
    In Continental Western Ins. Co. v. Klug, 394 N.W.2d 872 (Minn.App. 1986), this court determined that an incident had not arisen out of the maintenance or use of a motor vehicle.

    There must be some connection between the use of the vehicle and the discharge of the firearm and the resulting injury greater than mere presence in the vehicle when the injury is inflicted or sustained. See Bennet v. National Union Fire Ins. Co. of Pittsburg, 170 Ga. App. 829, 318 S.E.2d 670 (1984) (victims who were riding in their automobile when shot by an individual outside the vehicle just happened to be in the car when the assailant came "gunning" for them, and the injury thus did not arise out of the maintenance or use of the vehicle); Curtis v. Birch, 114 Ill. App.3d 127, 69 Ill.Dec. 873 448 N.E.2d 591 (1 Dist. 1983) (where an uninsured driver fired at another driver, the shooting was not related to the use of a vehicle, as it could just as easily have taken place had the assailant been on foot or on a bicycle). Although Klug was pursued along the highway, was forced to take evasive action, and was, at one point, rammed by Bahe's vehicle, none of these acts produced Klug's injury.