Lawwly

Farm Bureau Mutual Insurance Company v. Evans

Court of Appeals of Kansas

637 P.2d 491 (1981)

Relevant factsFree

During a party, Damon Rose parked his family's station wagon facing a bonfire while it rained; from the back seat, Mike Ehinger, helped by Kathy Rose and Danny Ireland, threw an explosive device out the rear window, which landed in Karen Evans' beer and exploded, badly injuring her. The Evanses sued Kathy Rose, Ehinger, and Ireland; Farm Bureau Mutual (Farm Bureau) (defendant) insured the Rose car and Farmers Insurance (Farmers) (defendant) insured Ehinger's car, both under policies covering injuries from a car's "ownership, maintenance, or use." The trial court held the injury was covered because the car was being reasonably used as a shelter from the rain, and both insurers appealed.

IssueFree

Whether liability for an injury caused by an explosive device thrown from the back seat of a parked car is considered to have arisen out of the "use" of the car for purposes of automobile-insurance coverage.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases