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Home / Opinions / Practice Area opinion / Civil Practice opinion / Insurance : Uninsured Motorist Coverage – Dog Bite – ‘Arise Out Of The Use’

Insurance : Uninsured Motorist Coverage – Dog Bite – ‘Arise Out Of The Use’

Where a woman who was bit by a dog through the open window of a car sought uninsured motorist coverage for her injuries, summary judgment for the insurer is affirmed because her injuries did not “arise out of the use” of the vehicle since the vehicle was only the site of the injury and “use” must be consistent with its nature as a vehicle and must create a condition that contributes to the accident.

Judgment is affirmed.

Walden v. Smith (MLW No. 66277/Case No. WD75982 – 28 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Clay County, Gabbert, J. (Nicholas J. Zevenbergen, Kansas City, Missouri, for appellant) (Michael P. Waddell, Kansas City, Missouri, for respondent).

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