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Weil v. Gaia6/29/1999
d, 599 S.W.2d 13 (Mo. App. 1980)).
Similarly, State Farm Mutual Automobile Insurance Co. v. Davis, also cited by Weil, is inapplicable. Although Davis observed that California law and Tennessee law are the same in that both "require a slight causal connection between an insured vehicle and a shooting injury before the injury may be held to `arise out of the use' of the insured vehicle," Davis relied on California caselaw without discussing Tennessee's two-prong test requiring a finding of proper use of the vehicle before causation is addressed.
Likewise, the other cases cited by Weil, although factually similar to this , do not analyze coverage under the two-prong Travelers test. See Continental W. Ins. Co. v. Klug, 415 N.W.2d 876, 878 (Minn. 1987) (using a three prong test to determine insurance coverage, in which the third prong, considering the type of use of the automobile, is only reached after causation is established); State Farm Mut. Ins. Co. v. Whitehead, 711 S.W.2d 198, 201 (Mo. App. 1986) (finding that coverage existed because a causal connection was present without first finding that the use of the vehicle was normal or proper).
In this case, Gaia used his vehicle to chase Ware's car, and to fire a weapon at Ware's car. In view of Anderson, we must conclude that Gaia's use of his vehicle to fire a weapon at Ware's car was not a proper use under the uninsured motorist provision of Weil's insurance policy. This holding makes it unnecessary to reach the issue of whether there was a causal connection between Gaia's use of his vehicle and the shooting. Therefore, Weil's injury was not "caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle," within the meaning of her insurance policy and State Farm is not obliged to provide coverage to her under the uninsured motorist provision. The decision of the trial court must therefore be reversed.
The decision of the trial court is reversed, and the cause is remanded to the trial court for further proceedings consistent with this Opinion. Costs are taxed to Appellee, for which execution may issue if necessary.
HOLLY KIRBY LILLARD, J.
CONCUR:
ALAN E. HIGHERS, J.
DAVID R. FARMER, J.
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