Carrigan v. State Farm Mutual Automobile Insurance

*99KULONGOSKI, J.

This declaratory judgment case presents two issues: (1) whether Oregon’s automobile personal injury protection (PIP) statutes, which provide coverage for injuries “resulting from the use, occupancy or maintenance of any motor vehicle,” ORS 742.520(2)(a), quoted below, 326 Or at 100, may extend to an injury inflicted by gunshot; and (2) if PIP coverage may be available, whether it applies to the circumstances of this case, in which plaintiff (the insured) was shot by an assailant during the course of a “caijacking,”1 when neither the assailant nor the plaintiff was inside the car…