STATE FARM MUT. AUTO. INS. CO. v. POWELL

Record No. 812176.

318 S.E.2d 393 (1984)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Shirley C. POWELL, Administratrix, etc., et al.

Supreme Court of Virginia.

June 15, 1984.


Attorney(s) appearing for the Case

Ronald D. Hodges, Harrisonburg (Wharton, Aldhizer & Weaver, Harrisonburg, on brief), for appellant.

James V. Lane, Harrisonburg (Donald D. Litten; Litten, Sipe & Miller, Harrisonburg, on brief), for appellees.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.


COMPTON, Justice.

This is a declaratory judgment proceeding in an insurance case. The dispute is between an automobile liability carrier and a comprehensive personal liability (homeowner's) insurer. The main question is whether a death resulting from discharge of a shotgun, resting in a gun rack affixed to a pickup truck, arose out of "use" of the vehicle under the circumstances of this case.

During the afternoon of April 6, 1980, Easter Sunday, David C. Good...

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