ROQUE v. ALLSTATE INS. CO.

No. 10CA2591.

318 P.3d 1 (2012)

2012 COA 10

Chanson ROQUE and Shannon Isenhour, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

January 19, 2012.


Attorney(s) appearing for the Case

James J. Peters , Denver, Colorado, for Plaintiffs-Appellants.

Harris, Karstaedt, Jamison & Powers, P.C., A. Peter Gregory , Englewood, Colorado, for Defendant-Appellee.


Opinion by Judge WEBB.

¶ 1 This case addresses whether, in the context of a "road rage" incident, using a car to block a second car, before the driver exits the first car and assaults persons from the second car, constitutes use of a motor vehicle for the purposes of uninsured motorist (UM) insurance coverage. We conclude that exiting the car and then engaging in intentional misconduct breaks the requisite causal chain between use of the vehicle and the injuries...

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