Parties Dispute Proper Test For Deciding Whether Injury Arises Out Of Vehicle ‘Use’

Mealey's (February 10, 2016, 9:11 AM EST) -- SAN FRANCISCO — An insurer and an insured’s assignees recently filed briefs in the California Supreme Court debating the appropriate test to determine whether an injury arises out of the “use” of a vehicle for the purposes of coverage under an automobile insurance policy (Gradillas v. Lincoln Gen. Ins., No. S227632, Calif. Sup.).

On Jan. 27, 2008, Lillian Gradillas, her then husband, Chris Gradillas, and others were transported to a nightclub on a party bus operated by American Bus Lines (ABL) and owned by Kenneth Nwadike....
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