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Mid-Century Insurance Co. v. Henault9/8/1994
of any motorized vehicle with less than four wheels.
We agree with Mid-Century that this provision bars Henault from obtaining PIP coverage. When Henault was injured, she had been riding her motorcycle, which had, of course, less than four wheels. Unlike the "occupying" language we have discussed above, the PIP provisions contain "arising out of" language, which means the existence of a "causal connection" between the vehicle and the injury . Heringlake v. State Farm Fire & Cas. Co., 74 Wash. App. 179, 189, 872 P.2d 539 (1994). Because the injuries that Henault sustained as a result of being thrown from her motorcycle were causally connected to her use of her motorcycle, the exclusion in the PIP portion of Henault's policy precludes her from receiving PIP coverage.
We reverse the trial court's grant of a summary judgment to Mid-Century on the UIM coverage claim. We affirm the summary judgment on the claim for PIP coverage.
Alexander, J.
We concur:
Seinfeld, ACJ
Houghton, J.
Disposition
We reverse the trial court's grant of a summary judgment to Mid-Century on the UIM coverage claim. We affirm the summary judgment on the claim for PIP coverage.
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