Peagler Ex Rel. Estate of Thompson v. USAA Insurance

I respectfully dissent. I would hold the injury here arose out of the “ownership, maintenance, and use” of the pickup truck.

Under the three-prong test set forth by this Court in State Fam Fire & Cas. Co. v. Aytes, 332 S.C. 30, 503 S.E.2d 744 (1998), the party seeking coverage must first establish a causal connection between the vehicle and the injury. Second, there must exist no act of independent significance breaking the causal link. And third, it must be shown that the vehicle was being used for transportation purposes at the time of the accident. State Farm Fire & Cas. Co. v. Aytes, 332…