Gradillas v. Lincoln General Ins., No. 13-15638 (9th Cir. 2015)
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Plaintiffs filed suit against Lincoln seeking to recover damages for the injuries they incurred from the insured. The court certified the following question to the Supreme Court of California: When determining whether an injury arises out of the “use” of a vehicle for purposes of determining coverage under an automobile insurance policy and an insurance company’s duty to defend, is the appropriate test whether the vehicle was a “predominating
cause/substantial factor” or whether there was a “minimal causal connection” between the
vehicle and the injury?
Court Description: Certification to the California Supreme Court. The panel certified to the Supreme Court of California the following question: When determining whether an injury arises out of the “use” of a vehicle for purposes of determining coverage under an automobile insurance policy and an insurance company’s duty to defend, is the appropriate test whether the vehicle was a “predominating cause/substantial factor” or whether there was a “minimal causal connection” between the vehicle and the injury? GRADILLAS V. LINCOLN GEN. INS. CO. 3
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