Ripal Patel v. LM General Insurance Company

LOKEN, Circuit Judge.

The issue presented by this appeal is whether the widow of Maulik Patel, the victim of a drive-by shooting while sitting in his car at a traffic light, may recover damages under the Uninsured Motorists (UM) Coverage provisions of the automobile liability policy issued to the Patels by LM General Insurance Company. The district court 1 granted summary judgment for LM General, concluding there was no UM coverage because any liability of the uninsured motorist and his occupants to Patel did not "arise out of the use" of the uninsured motor vehicle. "Maulik's injury was not…