Alfa Insurance Corp. v. Ryals ex rel. Ryals

¶29. I respectfully disagree with the majority’s resolution of the second assignment of error. Therefore, I dissent.

¶ 30. Proper consideration requires that we look at two separate issues. First, we must consider whether the accident arose out- of the “use” of an uninsured vehicle. Second, if the accident arose out of the use of an uninsured vehicle, we must then consider the question of causation, i.e., whether the Ryalses’ deaths were caused by an accident which arose from the use of an uninsured vehicle. After review of either or both of these issues, I am of the opinion that this Court is…