Ahlgren v. Stonegate Insurance Co.

In an insurance coverage matter, defendant appealed from a trial court order granting summary judgment in favor of the plaintiff and finding that defendant had an obligation to provide insurance coverage for an incident in which a vehicle driven by an uninsured motorist struck the plaintiff who was outside of his vehicle. Defendant argued on appeal that plaintiff was not “using” his insured vehicle at the time of the incident and that no insurance coverage existed. The appellate court reversed and remanded, finding that under the facts of the case as they were presented at summary judgment neither party had a right to judgment that was free and clear from doubt where there was conflicting testimony about the facts, including how far away from his vehicle the plaintiff was at the time he was injured. (HOWSE and ELLIS, concurring)