Mutual of Enumclaw Insurance v. Jerome

(dissenting) — The dispositive issue in this case is whether Mutual of Enumclaw (MOE) must pay damages on behalf of Joseph Jerome, an insured passenger under the Ederer family car insurance policy, to Matthew Ederer, an insured driver under the same policy. The resolution of that issue depends upon the interpretation of the following policy language:

[MOE] will pay all sums the insured must legally pay as damages, because of bodily injury or property damage to which this insurance applies. Damages must be caused by an accident resulting from the ownership, maintenance or use of a covered…