A few weeks ago my co-editor, David Thamann, wrote in his blog on PropertyCasualty360.com that he questioned the application of auto liability coverage to injuries caused in drive-by shootings or dog bites, even if autos were used to transport the shooters or if the dog was in an auto when he bit someone. David's analysis centered on the idea that auto policies are triggered by injuries caused by the “use” of the auto. He reasoned that these types of injuries really didn't involve such use.

Typical auto policies do state that they will pay damages for bodily injury or property damage for which insureds are legally responsible because of an auto accident. An auto accident typically is not defined on these policies. However, standard language does continue by defining an “insured” as you (the named insured) or family members “for the ownership, maintenance, or use of any automobile or trailer.”

To me, the focus must extend past the analysis of the term “use” and focus on the requirement that the injury is caused accidentally. This is especially true in respect to gunshot wounds that involve autos. Various courts have dissected this issue. One case from the Supreme Court of South Dakota covers the subject thoroughly in its nine-page decision and subsequent six-page dissension. That court's discussion involved a hunting-related accident, which is certainly different from a drive-by shooting. The court's reasoning does provide guidance for interpreting policy terminology as it applies to injuries related to use of an auto but not actually caused by an auto.