Poage v. State Farm Fire & Casualty Co.

THEODORE B. SCOTT, Senior Judge.

This is an appeal of a summary judgment in an action that sought recovery on an insurance policy. The trial court awarded judgment for Valerie Poage (respondent) for damages sustained when she was struck by a boat while swimming in Table Rock Lake. State Farm Fire & Casualty Company (appellant) asserts the injuries sustained were not covered under its policy of insurance; that the injuries did not result from the “use” of the boat that it insured.

Both parties requested summary judgment. The trial court determined that the injury resulted from the use of…