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McCAULEY v. METRO. PROPERTY AND CAS. INS.

No. 48529-6-I.

36 P.3d 1110 (2001)

109 Wash.App. 628

Michael D. McCAULEY and Deana L. McCauley, husband and wife, Respondents, v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, a foreign corporation, Appellant.

Court of Appeals of Washington, Division 1.

December 24, 2001.

Attorney(s) appearing for the Case

Ronald S. Dinning, Merrick Hofstedt and Lindsey PS, Seattle, for appellant.

Mark W. Davis, Curran Mendoza PS, Kent, for respondents.

COX, J.

Metropolitan Property and Casualty Insurance Company appeals a summary judgment order declaring that Michael McCauley is entitled to underinsured motorist (UIM) coverage for an injury he sustained in a shooting accident. McCauley was injured when a rifle discharged while its owner was unloading it from an all-terrain vehicle (ATV). At issue is whether this accident "arose out of the use of" the underinsured vehicle. Because the vehicle causally contributed...

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