Weber v. State Farm Mutual Automobile Insurance Co.

284 N.W.2d 299 (1979)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Robert Weber was insured by D under North Dakota's no-fault act. Robert, his wife, Virginia (P), Brian Bradberry, and John Gabby were hunting deer. Robert was seated in the driver's seat, and Virginia was seated beside him on the right side of the front seat. Bradberry was seated in the rear seat directly behind Robert, and Gabby was seated behind Virginia. Spotting some deer crossing the road, Weber drove his vehicle into a ditch. Gabby jumped out the right rear door. As Gabby was moving out of the door, he was feeding shells into his 270-caliber bolt action rifle. As he closed the bolt of the gun, it discharged. The bullet from the rifle went through the open right rear door, through the back of the front seat, and struck Robert in the back while Robert was still seated behind the steering wheel. Robert was pronounced dead on arrival at the Hospital. P, as surviving spouse made a demand on D for death benefits. D refused, and P sued. The district court found that Robert was occupying the vehicle within the meaning of § 26-41-07, N.D.C.C. and that P was entitled to no-fault benefits as his survivor. Judgment was entered for $15,000; $1,000 for funeral expenses; and $14,000 as survivor's income loss. D appealed; the Accident Reparations Act does not provide for coverage for this type of an accident.