Abercrombie v. Georgia Farm Bureau Mutual Insurance

I respectfully dissent. As the majority notes, the policy clearly provided that the injuries must arise from the ownership, maintenance or use of the vehicle. In this matter, the incident for which recovery is sought did not arise out of the operation, maintenance or use of the VanAlstine’s automobile and the superior court’s grant of summary judgment should be affirmed.

In Southeastern Fidelity Ins. Co. v. Stevens, 142 Ga. App. 562 (236 SE2d 550) (1977), the general rule set forth was that “where a connection appears between the ‘use’ of the vehicle and the discharge of the firearm and…