Weber v. State Farm Mutual Automobile Insurance Co.

While Robert Weber pulled his truck to the roadside after spotting deer, a passenger exiting the rear seat accidentally discharged his rifle as he closed the bolt, and the bullet struck and killed Robert as he sat behind the wheel; his widow Virginia (plaintiff) sought no-fault death benefits from State Farm (defendant), which denied the claim arguing no causal connection existed between operating the vehicle and the shooting. The trial court found Robert was occupying the vehicle under the policy and the state's No-Fault Act, awarding benefits, and State Farm appealed.

Whether, under North Dakota's No-Fault Insurance Act, an individual is entitled to recover no-fault benefits for economic loss when accidentally injured or killed while occupying a vehicle.