The Burlington Insurance Company and Stonebridge, Inc. v. Northland Insurance Company, 2011 U.S. Dist. LEXIS 10593 (2011)

The phrase "arising out of" should be broadly interpreted in a comprehensive sense when interpreting the "use" of a motor vehicle.

The plaintiff's employee inadvertently dropped a wrench from the back of a truck he was unloading. The truck involved was covered by the defendant's policy. Generally, a person in the process of unloading cargo from a covered vehicle is considered a "user" of that vehicle. A substantial nexus between the injury incurred and the motor vehicle involved must exist in order to establish the injury "arose out of" the "use" of a motor vehicle.

Case Law Alert - 2nd Qtr 2011