Gradillas V. Lincoln General Insurance Co.

(Court of Appeals Certifies Question Regarding "Use of an Automobile" to the California Supreme Court)

In Gradillas v. Lincoln General Ins. Co., 792 F.3d 1050 (July 6, 2015), the United States Ninth Circuit Court of Appeals certified the following question to the California Supreme Court for its consideration:

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?

The Court of Appeals' certification of the above question regarding the use of an automobile arises out of the rape of the plaintiff by a bus driver who had parked his bus in a secluded area for purposes of committing the subject crime. The victim filed suit against the bus driver and the owner