Whitmire v. Mid-Continent Casualty Co.

I disagree with the majority. In applying the Sanders four-step test to the instant facts, the majority found, as a matter of law, that Plaintiffs injury did not arise out of Harris’ use of her car as contemplated by § 3636. However, in Sanders, the Supreme Court held the phrase “arising out of the ownership, maintenance or use of a motor vehicle,” in ordinary and comprehensive words, encompasses a broad spectrum of factual sequences which might result in injury covered by the liability insurance policy. Here, the facts establish Plaintiff could not have been abducted had it not been for the…