Norwest Bank Minnesota, N.A. v. State Farm Mutual Automobile Insurance Co.

588 N.W.2d 743, 1999 Minn. LEXIS 68, 1999 WL 61993
CourtSupreme Court of Minnesota
DecidedFebruary 11, 1999
DocketC4-97-2293
StatusPublished
Cited by6 cases

This text of 588 N.W.2d 743 (Norwest Bank Minnesota, N.A. v. State Farm Mutual Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norwest Bank Minnesota, N.A. v. State Farm Mutual Automobile Insurance Co., 588 N.W.2d 743, 1999 Minn. LEXIS 68, 1999 WL 61993 (Mich. 1999).

Opinion

OPINION

GILBERT, J.

This case requires us to decide whether a motor vehicle was being used for transportation purposes when its engine was accidentally left running in a garage attached to a home and the owners of the vehicle and the home died from carbon monoxide poisoning. State Farm Mutual Automobile Insurance Company (State Farm) denied coverage under the owners’ automobile insurance policy. *745 Because we hold that the failure to turn off the engine after parking the vehicle in an attached garage was an accident which resulted in injuries arising out of the use of the vehicle for transportation purposes, we reverse the court of appeals and order that the trial court’s judgment in favor of the appellants be reinstated.

The material facts of this case are not in dispute. On the evening of April 16, 1996, Lisle and Jean Viekerman, husband and wife, and their adult daughter Leah returned to the Vickermans’ home after having dinner with friends. Lisle, who was driving, pulled his wife’s Infiniti Q-45 into the garage attached to the Vickermans’ house. Upon parking, Lisle failed to turn off the car’s engine. Both parties agree that Lisle’s failure to turn of the engine was an accident. Leah and her parents then went into the house without realizing that the Infiniti was still running. When Leah left the house approximately 1 hour 35 minutes later her parents were still alive. The next morning, Leah and her sister went to their parents’ house and found the Vickermans dead in the master bedroom. A coroner later determined that the cause of the Vickermans’ death was carbon monoxide poisoning. Neither party disputes that the source of the carbon monoxide was the Infiniti’s exhaust.

Norwest Bank Minnesota, the personal representative of the Vickermans’ estates and the Vickermans’ youngest daughter, Jes-sa Viekerman, (collectively Norwest), filed a no-fault action against the Vickermans’ automobile insurer, State Farm. Norwest then moved for summary judgment, arguing that it was entitled to no-fault benefits as a matter of law because the undisputed facts showed that the Vickermans’ deaths arose out of the use of a motor vehicle as required by the Minnesota No-Fault Automobile Insurance Act (No-Fault Act), Minn.Stat. §§ 65B.41-65B.71 (1998). In response, State Farm argued that, because at the time of their deaths the Vickermans were no longer actively using the Infiniti, their deaths did not arise out of the use of a motor vehicle and therefore the No-Fault Act did not apply-

The trial court granted Norwest’s motion for summary judgment, holding that the In-finiti was being used for transportation purposes. The court reasoned that because the Infiniti “had been driven earlier that evening and had mistakenly never been turned off’ after it was parked in the Vickermans’ garage, “the transportation purpose of the vehicle did not cease. No occurrence broke the chain of causation and the vehicle alone, left running, after being driven hours earlier, was the cause of the injury.” The trial court went on to state that:

[T]he fact that the decédents in the present case had reached their final destination does not change the fact that their injuries arose out of the use of a motor vehicle. Although the deaths in this case occurred inside the home rather than the vehicle, they were caused by a continuous, unbroken chain of events directly attributable to their State Farm insured car which was being used for transportation purposes. Therefore, the no-fault act applies * * *. The court of appeals reversed the trial

court, reasoning that:

Once the decedents had parked their car and gone to bed for the night, they had ceased to use the ear for transportation purposes. Although there was an unbroken causal link between the vehicle and the deaths, the vehicle was not being used for transportation purposes at the time of deaths. The district court erred in holding otherwise.

Norwest asks us to reverse the court of appeals holding that the deaths did not “arise out of the use of a motor vehicle” and to hold instead that the Vickermans’ estates are entitled to benefits under the No-Fault Act.

On appeal from an order for summary judgment, we must determine whether there is any issue of material fact and whether the lower court erred in applying the law. Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn.1979). Here, the material facts are not in dispute and the sole issue is the purely legal question of whether the Vickermans’ deaths arose out of the use of a motor vehicle within the meaning of the No-Fault Act. We review such questions of law de novo. See North River Ins. Co. v. *746 Dairy land Ins. Co., 346 N.W.2d 109, 113 n. 2 (Minn.1984).

Under the No-Fault Act, an insured party is entitled to “basic economic loss benefits * * * for all loss suffered though injury arising out of the maintenance or use of a motor vehicle.” Minn.Stat. § 65B.44, subd. 1 (1998). The Act defines maintenance or use of a motor vehicle as “maintenance or use of a motor vehicle as a vehicle, including, incident to its maintenance or use as a vehicle, occupying, entering into, and alighting from it.” Minn.Stat. § 65B.43, subd. 3 (1998).

We have held that the question of whether an injury arises out of the use of a motor vehicle “is a recurring question which defies a simple test.” See Continental W. Ins. Co. v. King, 415 N.W.2d 876, 877 (Minn.1987). “Instead, ‘each case presenting such a question must, to a great degree, turn on the particular facts presented.’” Id. at 877-78 (quoting Associated Indep. Dealers, Inc. v. Mutual Serv. Ins. Cos., 304 Minn. 179, 182, 229 N.W.2d 516, 518 (1975)). In King, we recognized three “general factors to consider when addressing the issue”:

The first consideration is the extent of causation between the automobile and the injury. * * * [T]he vehicle must be an “active accessory” in causing the injury. This causation standard was clarified to be “something less than proximate cause in the tort sense and something more than the vehicle being the mere situs of the injury.”
* * * *
If a court finds a requisite degree of causation, it should next determine whether an act of independent significance occurred, breaking the causal link between “use” of the vehicle and the injuries inflicted.
* * * *
If a court finds a requisite degree of causation and no intervening independent act, it must consider one final inquiry. Though there may be a causal link between use of the car and the injury, the court must determine what type of “use” of the automobile was involved. * * * [Coverage should exist only for injuries resulting from use of an automobile for transportation purposes.

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588 N.W.2d 743, 1999 Minn. LEXIS 68, 1999 WL 61993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norwest-bank-minnesota-na-v-state-farm-mutual-automobile-insurance-co-minn-1999.