Rowe v. Farmers Insurance Exchange

Opinion

LILLIE, P. J.

Plaintiff appeals from judgment on the pleadings entered in favor of defendant on her complaint for declaratory relief and breach of insurance contract. The only issue on appeal is whether the trial court properly concluded that the uninsured motorist provisions of plaintiff’s policy did not afford coverage because plaintiff’s damages were not “caused by accident and [did not] arise out of the . . . use of the uninsured motor vehicle.”

Factual and Procedural Background

The complaint alleges the following: On June 28, 1986, Roger C. Rowe, plaintiff’s husband, was a customer…