Raines v. St. Paul Fire & Marine Insurance Company

For the defendant to be obligated to pay the claim of the plaintiff here, the injury of the plaintiff’s deceased must have been, as the insurance contract states, “. . . caused by accident and arising out of the ownership, maintenance or use of the automobile.” We hold that the accidental shooting of Benjamin Raines, under the facts of this case, did not arise out of the ownership, maintenance or use of the automobile which is the vehicle insured under the defendant’s policy. No casual connection between the discharge of the pistol and the “ownership, maintenance or use” of the parked…