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Arizona Court of Appeals Holds Injury That Occurred Shortly After Plaintiff Exited a Vehicle Did Not Arise Out of the Use of an Auto

Categories: Insurance Litigation, Blog

AZ court of appeals rules on injury outside of vehicle

United Financial Casualty Co. v. Associated Indem. Corp., 2016 WL 6518491 (Ariz. App. November 3, 2016)

The Arizona Court of Appeals (Memorandum Decision), held that a plaintiff’s injury, which occurred approximately one minute after she exited an insured automobile and after she walked approximately ten feet: 

  1. did not fall within commercial automobile liability coverage for “bodily injury…arising out of the…use of an insured auto,” and
  2. was not precluded by a commercial general liability exclusion for “bodily injury…arising out of the…use…of any” automobile. The case also summarized Arizona law regarding what injuries do and do not arise out of the use of an auto. 

Although United Financial Casualty is a Memorandum Decision, the case may be cited “for persuasive value,” pursuant to Arizona Rule of Supreme Court 111(c)(1)(C).

About the Author: Nathan D. Meyer is a Partner at the Phoenix law firm of Jaburg Wilk. One of his specialties is insurance coverage and bad faith. Nate advises and represents insurance clients in coverage, bad faith, contribution and liability matters.