UNITED STATES FIDELITY & G. CO. v. WESTERN FIRE INS. CO.


450 S.W.2d 491 (1970)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. The WESTERN FIRE INSURANCE COMPANY et al., Appellees. The WESTERN FIRE INSURANCE COMPANY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

February 13, 1970.


Attorney(s) appearing for the Case

Marshall B. Woodson, Jr., Robert L. Durning, Jr., and Woodson, Barker & Durning, Louisville, for United States Fidelity & Guaranty Co.

A. J. Deindoerfer, Raymond O. Harmon, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for Western Fire Ins. Co.

Henry V. B. Denzer, Hogan, Taylor, Denzer & Bennett, Louisville, for State Farm Mut. Automobile Ins. Co.


CULLEN, Commissioner.

The controlling issue in this case is whether, under the attendant circumstances, a bodily injury sustained by a passenger in a moving automobile when accidentally shot by a pistol being loaded by another passenger was an injury "arising out of the * * * use" of the automobile within the meaning of an automobile liability insurance policy held by the owner of the automobile. The circuit court held that the injury did come within the policy and...

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