United States Fidelity & Guaranty Co. v. Western Fire Insurance Co.

CULLEN, Commissioner.

The controlling issue in this case is whether, under the attendant circumstances, a bodily injury sustained by a passenger in a moving automobile when accidentally shot by a pistol being loaded by another passenger was an injury “arising out of the * * * use” of the automobile within the meaning of an automobile liability insurance policy held by the owner of the automobile. The circuit court held that the injury did come within the policy and the main appeal herein questions the correctness of that holding.

Jasper Smith of Louisville owned an automobile which he permitted…