Patel v. LM General Insurance Co.

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The Eighth Circuit affirmed the district court's grant of summary judgment for LM General in an uninsured motorists (UM) coverage dispute. The district court concluded that there was no UM coverage because any liability of the uninsured motorist and his occupants to plaintiff did not arise out of the use of the uninsured motor vehicle.The court held that Missouri law requires UM coverage whenever an uninsured motorist is liable for injury to the insured arising out of the motorist's use of his uninsured auto. In this case, the injuries inflicted on a victim of a drive-by shooting by the occupant of a motor vehicle were not injuries which arise out of the "use" of the motor vehicle because the motor vehicle was merely the "situs" or "locus" of the cause of the victim's injuries and the discharge of the gun was unconnected to the inherent use of the motor vehicle. View "Patel v. LM General Insurance Co." on Justia Law