Tomlin v. State Farm Mutual Automobile Liability Insurance

This case involves the question of whether Tomlin's injuries were "caused by accident arising out of the ownership, maintenance or use, including loading or unloading, of the owned motor vehicle,” as provided by the terms of an automobile liability insurance policy issued by State Farm.

The significant facts are undisputed and tragic. The pleadings, affidavits and depositions filed in the summary judgment proceedings reflect the following facts.

Gregory Glessner, a minor, was operating an automobile owned by his father and insured by State Farm. Tomlin, a Wisconsin State Patrol Officer, was…