McCauley v. METRO. PROPERTY AND CAS. INS.

36 P.3d 1110
CourtCourt of Appeals of Washington
DecidedDecember 24, 2001
Docket48529-6-I
StatusPublished
Cited by5 cases

This text of 36 P.3d 1110 (McCauley v. METRO. PROPERTY AND CAS. INS.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCauley v. METRO. PROPERTY AND CAS. INS., 36 P.3d 1110 (Wash. Ct. App. 2001).

Opinion

36 P.3d 1110 (2001)
109 Wash.App. 628

Michael D. McCAULEY and Deana L. McCauley, husband and wife, Respondents,
v.
METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, a foreign corporation, Appellant.

No. 48529-6-I.

Court of Appeals of Washington, Division 1.

December 24, 2001.

*1111 Ronald S. Dinning, Merrick Hofstedt and Lindsey PS, Seattle, for appellant.

Mark W. Davis, Curran Mendoza PS, Kent, for respondents.

COX, J.

Metropolitan Property and Casualty Insurance Company appeals a summary judgment order declaring that Michael McCauley is entitled to underinsured motorist (UIM) coverage for an injury he sustained in a shooting accident. McCauley was injured when a rifle discharged while its owner was unloading it from an all-terrain vehicle (ATV). At issue is whether this accident "arose out of the use of" the underinsured vehicle. Because the vehicle causally contributed to the injury resulting from the discharge of the firearm, we hold that McCauley is entitled to UIM coverage under Metropolitan's policy. We affirm.

This is the second appeal addressing insurance coverage for McCauley's injuries. In Country Mutual Ins. Co. v. McCauley,[1] we affirmed the denial of coverage under the "unloading" exclusion of his hunting partner's homeowner's insurance policy. Here, we address McCauley's UIM coverage in his policy with Metropolitan. As we explained in our prior opinion:

Dennis Brothers, Mike McCauley, and two of their friends went to Nevada on a hunting *1112 trip. Brothers brought along his four-wheel `all terrain vehicle' (ATV). Eventually, the four friends separated into two groups. After a day of hunting, Brothers placed his loaded rifle atop a backpack. He then loaded them both on top of a steel rack attached to the front of the ATV. He secured the rifle and backpack by stretching a bungee cord over both and hooking the cord into one of the bars of the steel rack.
When Brothers arrived at camp, he began removing the rifle and backpack from the ATV by unhooking the bungee cord. During this process, the gun discharged, and a bullet struck McCauley. He survived, but underwent several surgeries.[[2]]

Country Mutual brought a declaratory judgment action to determine whether its policy exclusion for "unloading" a recreational vehicle applied. We held that it did.

After our decision in Country Mutual, Michael and Deana McCauley sought UIM coverage under their Metropolitan automobile policy. Metropolitan denied coverage.

The McCauleys commenced this declaratory judgment action to establish UIM coverage. Based on stipulated facts, Metropolitan and the McCauleys made cross-motions for summary judgment.

The trial court granted the McCauleys' motion, and denied Metropolitan's. The court also awarded the McCauleys their attorney fees and costs. The parties then entered into a stipulated judgment on damages, in which Metropolitan agreed that it is liable for the policy UIM limit if the summary judgment order is upheld on appeal. This appeal by Metropolitan followed.

Causation

Metropolitan primarily argues that, because there was no direct physical contact between the rifle and either the ATV or any of its permanent attachments, the vehicle did not causally contribute to the accident. Thus, this insurer maintains that McCauley's injuries did not "ar[i]se out of the use of the" vehicle, and are excluded from UIM coverage. Metropolitan's position is contrary to the law, and we reject it.

When reviewing a summary judgment order, we engage in the same inquiry as the trial court.[3] In doing so, we will consider all facts and reasonable inferences from the facts in the light most favorable to the nonmoving party.[4] We will affirm an order granting summary judgment if there are no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law.[5]

The parties submitted an agreed statement of facts to the trial court for purposes of summary judgment. Because no material facts are in dispute, the only issue before us is the proper interpretation of the UIM insuring provisions of the Metropolitan policy. Interpretation of an insurance policy is a question of law that we review de novo.[6] In construing an insurance contract, we will give the policy "a fair, reasonable, and sensible construction consistent with the understanding of an average person purchasing insurance."[7]

The insuring provision at issue states that Metropolitan "will pay bodily injury damages, caused by an accident arising out of the ownership, maintenance, or use of an underinsured highway vehicle...."[8] Metropolitan concedes that the ATV qualifies as a "highway vehicle" within the meaning of the policy. It concedes nothing else.

*1113 At oral argument, Metropolitan appeared to dispute that the unloading of the ATV constituted "use" of the vehicle under the policy. Metropolitan cited no authority for this proposition, and it is contrary to law.[9] We hold that unloading of the ATV here was a "use" within the meaning of the policy.

As our Supreme Court recently reaffirmed, an accident "arises out of the use" of a vehicle if "the vehicle itself or permanent attachments to the vehicle causally contributed in some way to produce the injury."[10] The phrase "arising out of" means "originating from," "having its origin in," "growing out of," or "flowing from."[11] It is not necessary that the use of the vehicle be the proximate cause of the accident.[12] Instead, "[i]t is only necessary that there be a causal connection between the use and the accident."[13] But the fact that the vehicle is the "mere situs" of the accident is not enough to establish the requisite causal connection.[14]

As stated by our Supreme Court in the seminal case of Transamerica Ins. Group v. United Pac. Ins. Co., the critical inquiry is "whether the vehicle itself or permanent attachments to the vehicle causally contributed in some way to produce the injury."[15] In that case, a passenger was removing his rifle from a gun rack mounted inside a stationary vehicle when the trigger brushed against the rear bracket of the gun rack.[16] The rifle discharged and injured the driver.[17] In determining whether the accident arose out of the vehicle's use, the Court explained that:

The cases concerning gunshot wounds received in and around automobiles place particular importance on some physical involvement of the vehicle itself or some permanently attached part thereof. Where such physical involvement was absent, the vehicle has been deemed the mere situs of the accident and thus the accident has been construed to fall outside the coverage of the policy.[[18]]

But the Court recognized that coverage may exist:

where the factual pattern of the accident involved some causal relationship between a condition of the vehicle, a permanent attachment thereto, or some aspect of its operation. In such event the vehicle has been considered more than the mere situs of the occurrence and liability has attached under an insurance contract providing for *1114 coverage of an accident arising out of use of the automobile.[[19]]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nelson v. Progressive Casualty Insurance Co.
162 P.3d 1228 (Alaska Supreme Court, 2007)
McIllwain v. State Farm Mut. Auto. Ins. Co.
136 P.3d 135 (Court of Appeals of Washington, 2006)
McIllwain v. State Farm Mutual Automobile Insurance
133 Wash. App. 439 (Court of Appeals of Washington, 2006)
Greene v. Young
113 Wash. App. 746 (Court of Appeals of Washington, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
36 P.3d 1110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccauley-v-metro-property-and-cas-ins-washctapp-2001.