Auto-Owners Insurance Co. v. Great West Casualty

OPINION

DIETZEN, Judge.

In this no-fault insurance benefits proceeding, appellant challenges the district court’s decision awarding summary judgment to respondent. The district court concluded that the insured’s injury arose out of the “maintenance or use” of an automobile-transport trailer insured by appellant, and not out of the “maintenance or use” of a stalled vehicle insured by respondent, which was loaded on top of the trailer. Because we conclude that the injury arose out of the “maintenance or use” of the stalled vehicle, and not the trailer, we reverse and remand.

FACTS

On February 9,…