Metropolitan Property & Casualty Insurance Co. v. Neubert

Opinion by

Chief Judge HUME.

In this declaratory action to determine insurance coverage, defendant, Ronald S. Neu-bert, appeals from a summary judgment entered in favor of plaintiff, Metropolitan Property and Casualty Insurance Co. (Metropolitan). We reverse and remand for further proceedings.

The following facts are undisputed. As a car insured by Metropolitan and occupied by the driver and three passengers was traveling on the street near defendant’s home, the driver was shot and the vehicle collided with a concrete post across the street from defendant’s home.

The trial court found, as…