There must be coverage … somewhere! |
A bicyclist struck Lynn as she crossed the street. She was injured, sought coverage and decided to file a claim against her own automobile Personal Injury Protection (no-fault) coverage.
The question of whether coverage applied depended on whether or not a link existed between Lynn’s use of the car and the accident. The sequence of events is as follows:
Lynn parked her car across the street from her house.
She walked across the street and entered the house.
She took her dog with her as she walked back across the street to the car.
She thought about bringing some items from the car but decided to return to the house empty handed.
As she crossed the street to return to her house, the bicyclist struck her.
Lynn’s insurance carrier couldn’t find a link and denied coverage. Lynn sued and the trial judge agreed with Lynn. The insurance carrier appealed and the appellate court determined that the necessary link was not present.
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