Progressive Direct Insurance Co. v.

Syllabus

In this declaratory judgment action, Shanna Groves, as personal representative of the Estate of Lynn Harrison (\the Estate\), appeals the circuit court's order granting summary judgment to Progressive Direct Insurance Co. and USAA General Indemnity Company (collectively \Respondents\). The underlying dispute arises out of a vehicle-to-vehicle shooting perpetrated by Jimi Carl Redman, Jr. against Lynn Harrison. Respondents brought suit against the Estate seeking a declaratory judgment that the killing was not covered by Harrison's uninsured or underinsured motorist policies obtained through Respondents. On appeal, the Estate argues the circuit court erred in concluding that 1) Redman's vehicle was not causally connected to the killing, and 2) Redman's firing of a gun was an intervening act of independent significance that broke any causal connection between his use of the vehicle and the killing. We reverse and remand.