Farm Bureau Mutual Insurance v. Evans

Abbott, J.:

This is an appeal by two automobile liability insurance carriers from an order granting summary judgment against them holding that the respective policies issued by them provided coverage for the accident in question.

The determinative issue in this case is whether liability for bodily injury caused by the throwing of a lighted firecracker (M-80) from the rear of a parked station wagon “arose out of the use of an automobile” so as to be covered under the automobile liability insurance policies in issue.

On April 28,1979, a going-away party was being held for David and Karen Evans.…