Hamidian v. State Farm Fire & Casualty Co.

The opinion of the court was delivered by

McFarland, J.:

This is an action upon an automobile insurance policy seeking recovery of uninsured motorist and personal injury protection (PIP) benefits. The district court entered summary judgment in favor of the defendant insurance company on the grounds that the complained-of injuries and death did not arise out of the ownership, operation, maintenance, or use of a motor vehicle. The plaintiffs appeal therefrom.

The undisputed tragic facts may be summarized as follows. On January 25, 1989, Saed Razizadeh drove his 1985 Oldsmobile to the Midland…