BODILY INJURY FROM PHYSICAL ATTACK AFTER AUTO ACCIDENT NOT COVERED
Personal Auto |
Use of Auto |
Occurrence |
|
David Rischitelli was driving his
mother's car, with her permission, when he was involved in an accident between
that car and another vehicle. The driver of the other car got out of his
vehicle and physically attacked David. He then left the scene and was never
identified or located. David sustained personal injuries, and claim was filed
under his mother's policy, issued by Safety Insurance Company (Safety), under
which David was also covered. The claim was denied, and the insured filed suit.
The
trial court entered summary judgment in favor of Safety, and the insured
appealed.
The
higher court ruled that the only issue to be decided by it was whether there
was an accident (i.e., injuries) resulting from the use of the automobile inasmuch as the policy covered only "accidents and
losses which result from the ownership, maintenance or use of autos." The
policy defined an "accident" as an "event that causes bodily
injury...arising out of the ownership, maintenance or use of an auto."
The
court noted that the weight of authorities support the
finding that no coverage is available for injuries sustained when one irate
driver attacks another following a collision.
Based
on the policy provisions and statutory language, the court concluded that
coverage of injuries such as those sustained here was not provided under the
Massachusetts auto insurance policy. The attack on David was independent of the
collision; therefore, the injuries arose from the intentional wrongdoing of the
other driver and not from the use of an automobile.
The
judgment entered by the trial court in favor of Safety was affirmed.
David
Rischitelli v. Safety Insurance Company-Supreme
Judicial Court of Massachusetts, Worcester--November 8, 1996--671 North Eastern Reporter 2d 1243.