Liberty Mutual Insurance Co. v. Tavarez

In Liberty Mutual Insurance Co. v. Tavarez, 754 A.2d 778 (R.I 200), Tavarez, who was an insured motorist, was shot and killed by two others who had been chasing him in an uninsured motor vehicle. The assailants pled guilty to charges of second degree murder and were sentenced to serve prison terms. After denying a claim filed by the administrators of Tavarez's estate, the insurer of Tavarez's vehicle filed a complaint asking the Superior Court for a declaratory judgment that decedent's injuries did not arise out of the ownership, maintenance, or operation of an uninsured motor vehicle as would be required for recovery under the uninsured-motorist provision of the policy at issue. The Superior Court entered judgment in favor of Tavarez. Liberty appealed. The sole issue before our Supreme Court in Tavarez was whether there was a sufficient nexus between the uninsured motor vehicle and the gunshot which caused the fatal injuries. The Court reasoned that the use of an uninsured motor vehicle to chase the decedent and as a "shooting platform" constituted a sufficient nexus to find that the tragic accident arose out of the use of an uninsured motor vehicle.