American States Insurance Company v. Allstate Insurance Company

484 So.2d 1363 (1986)

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Nature of the Case

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Facts

Connor drove his mother's pickup truck to a store to make a purchase. Accompanying him was a friend, Sullivan. In the back of the pickup, which was equipped with a topper and rear window, was Connor's pit bull dog, Lila, just along for the ride. When they reached the store, Connor stopped the truck and both men got out. As Sullivan passed the open rear window, Lila bit him, causing serious injury. Sullivan made a claim against Connor's mother, June V. Connor, who referred the claim to P, her homeowner's insurance carrier. American States settled the claim with Sullivan, took an assignment of June Connor's rights, then in turn filed this action for reimbursement against D, June Connor's automobile insurance carrier. D claimed that the policy required that the incident arise 'out of the ownership, maintenance or use' of the motor vehicle, and the events did not fit that description. D got the verdict and P appealed.