Roller v. Stonewall Insurance

Respondent Roller brought a declaratory action to determine insurance coverage under an underinsured motorist claim. The trial court determined that the injuries incurred were not covered by underinsured motorist insurance and the appellate court reversed. At issue is whether the claimant was "using" the insured vehicle at the time of the incidents and whether an intentional act of a tortfeasor constitutes an "accident". We affirm the trial court and hold that there is no underinsured motorist coverage of claimant's injuries.

On December 17, 1985, Ernest Flattum drove Daniel Roller and…