Sexual Assault Not Construed as Arising out of Use of Automobile

By Stempel, Jeffrey W. | Journal of Risk and Insurance, March 2004 | Go to article overview

Sexual Assault Not Construed as Arising out of Use of Automobile


Stempel, Jeffrey W., Journal of Risk and Insurance


State Farm Mutual Automobile Insurance Co. v. Kastner. P.3d, 2003 Colo. LEXIS 870 (Supreme Court of Colorado--October 14, 2003))

The Colorado Supreme Court that imposed duties on third-party insurance administrators in Cary v. United, discussed above, aligned itself with the auto insurance industry on the issue of when a crime involving an automobile is one "arising out of the use" of an automobile for purposes of determining whether coverage exits. Christina Kastner was kidnapped and taken in her own car to a remote location where she was sexually assaulted. She sought coverage under her auto policy. The trial court found in her favor, as did the intermediate court of appeals. The state Supreme Court reversed and ruled in favor of the insurer, holding that:

1. where the motor vehicle is being used in a manner reasonably foreseeable at the time the parties contracted for the insurance; and

2. the "use" of the vehicle is inextricably linked to plaintiff's injury, the plaintiff is entitled to recover, both because we conclude that the use was not reasonably foreseeable and because we conclude that the sexual assault had an insufficient causal nexus with the sue of the vehicle, we now hold that Kastner's State Farm policy did not cover her injuries.

See id. at *3-*4.

In reaching this determination, the Court appeared to find it critical that Kastner was abducted while outside her car in a shopping center parking lot. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Sexual Assault Not Construed as Arising out of Use of Automobile
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.