Pistol Whipping Not Covered by Car Insurance

The plaintiffs were involved in a minor car accident in a parking lot. Benning parked the vehicle and began to exit it as planned, but was then assaulted with a pistol by the other driver. The assailant fled the scene and was not apprehended, but was later involved in a convenient store robbery. Benning sued Home State and Safeco for failure to pay benefits. The insurers filed a motion for partial summary judgment on all claims relating to injuries arising from the events after the collision, which was denied, and the parties filed an agreed motion for interlocutory appeal.

On appeal, the court noted that the insurance policy awards benefits for damages arising out of the use of an uninsured motor vehicle. Benning argued that the assault would not have occurred but for the vehicle collision. But the court held that the assault involved the vehicle only incidentally, as Benning would have parked and exited the vehicle in the same way whether or not the collision occurred. And despite carjacking-related cases from other jurisdictions permitting recovery, there was no evidence that the assailant meant to steal the car. Thus, the court reversed the summary judgment denial.

Home State County Mutual Insurance Company and Safeco v. Benning, No. 05-12-00246-CV