The following
is taken verbatim from the statement of facts in an insurance coverage opinion by the Supreme
Court of Wyoming, in Ulrich v. United Services Automobile Association,
839 P.2d 942 at 944-45 (Wyo. 1992).
It is not a scene from Animal House, regardless what you may
think.
Opinion by Justice Golden:
The facts of this case, drafted in the light most favorable to Ulrich, are
as follows: On July 29, 1989, Ulrich and an acquaintance, Glenn Hildebrant,
were drinking at the Cowboy Bar in Pinedale, Wyoming. While at the bar,
Ulrich became upset with the unlady-like conduct of a bar patron, Kemo.
Ulrich reproved Kemo for her conduct and a verbal confrontation
ensued.
Kemo and her companion, Gus Stallings, left the bar shortly after the verbal
confrontation. Ulrich dismissed the whole situation as mere "bar
talk" and did not expect anything further to develop. However, when
Ulrich and Hildebrant left the bar, Kemo approached shouting obscenities and
began "putting a hurt on" Ulrich. Ulrich attempted to repel the
attack by pushing Kemo aside, but was unsuccessful. The altercation
continued, both combatants being egged-on by their sidekicks. Stallings then
joined the assault by "sucker-punching" Ulrich a couple times from
behind. Stallings' conduct so enraged Hildebrant that he intervened and
proceeded to put "a whipp'n" on Stallings. At approximately this
point in the melee, a bystander yelled "Hey, the cops are coming."
The members of the crowd that had gathered "scattered like rats,"
and the fight came to an abrupt end. All parties to the fracas apparently
walked away without incident.
Two weeks later, on August 12, 1989, Ulrich again found himself in the
Cowboy Bar, this time accompanied by Darrin Hill. Ulrich and Hill had just
attended a Little Britches' Rodeo and had stopped for a few beers before
returning home. While at the bar, two fellows dressed in white and wearing
fruit baskets on their heads invited Ulrich and Hill to a private toga
party.
(We are NOT making this up.)
Ulrich and Hill subsequently
left the bar in Ulrich's Bronco. Hill was driving as he knew where the toga
party was being held. While on the way, Hill decided to stop at the
Trailside Convenience Store to purchase some cigarettes. He parked Ulrich's
Bronco between the front entrance of the store and the gas pumps. Hill then
went into the store for his cigarettes, and Ulrich exited the Bronco to put
some air in the right front tire.
As Ulrich was putting air in his tire, a Toyota pickup with a camper shell
pulled directly in front of and perpendicular to Ulrich's Bronco. The Toyota
was positioned so as to block the Bronco's means of forward egress. Ulrich
glanced upward and instantly recognized the occupants of the Toyota as
Stallings and Kemo. Stallings immediately began yelling at Ulrich about the
Cowboy Bar incident, stating he intended to get even. Ulrich countered by
informing Stallings that he had no "beef" with him and, nicely
put, by directing him to move his truck. Hill exited the Trailside as this
exchange was in progress. Believing that the controversy was over the
parking location of Stallings' truck, Hill also chimed in with his two cents
worth. Stalling became enraged upon seeing Hill, who he mistakenly believed
to be Hildebrant, and continued his threats to get even.
Ulrich and Hill then jumped into the Bronco. Somewhat confused, Hill
excitedly asked "What's going on?" Ulrich explained, "He
[Stallings] thinks you are Glenn [Hildebrant], the guy that beat him up a
couple weeks ago at the fight." As Hill looked up after starting the
Bronco, he noticed that Stallings' truck was no longer blocking the way. In
an attempt to get a better angle, Stallings had backed up and pulled
parallel to the Bronco. Only the gas pumps separated the vehicles which,
although parallel, were facing opposite directions. Stallings was leaning
over his passenger, Kemo, and was pointing the business end of a chrome
plated handgun at Hill and Ulrich. Stricken with fear, Ulrich shouted,
"We don't want no trouble. Don't be a fool." Ulrich also tried to
explain that Hill was not Hildebrant. Stallings would not listen and
informed Ulrich to shut up or he, Stallings, would take care of him
too.
Stallings next got out of his truck with the handgun. It simultaneously
occurred to Hill that Ulrich had a .44 caliber pistol and ammunition in the
Bronco. As Hill and Ulrich were securing the pistol and ammunition,
Stallings scurried around the back of his truck to a position approximately
twelve to fifteen feet in front of the Bronco. Stallings then fired at least
one shot at Hill and Ulrich, but did not hit either one of them. In
response, Hill handed to Ulrich his loaded .44 caliber pistol. Stallings
took cover on the driver's side of his truck and, unbeknown to Hill and
Ulrich, switched his handgun for a shotgun.
(This is probably where Charlton
Heston should appear for a public service announcement on behalf of the
NRA.)
Hill, in the meantime, engaged
the Bronco's transmission and began to speedily leave the parking lot. Just
as the cab portion of the Bronco cleared the driver's side of Stallings'
truck, Stallings, who was leaning against his truck, fired several shotgun
blasts at the Bronco's tires and, after allegedly being shot in the leg by
Ulrich, "shot one more time at the guy, or the passenger of the vehicle
. . . [hitting] him in the face with the shotgun."
Hill and Ulrich proceeded out of the parking lot and headed south of town,
apparently fearing that Stallings would give chase. Stallings, however, did
not follow. Consequently, Hill pulled into a gas station just outside of the
Pinedale city limits to evaluate the extent of Ulrich's injuries. After
determining that they were serious, Hill returned to Pinedale to seek
medical attention. A local doctor was initially consulted and recommended
that Ulrich be transported to Salt Lake City, Utah, for further treatment.
Ulrich's right eye was surgically removed at the Utah hospital, as were the
pellets that were lodged in his face and right hand.
After discovering that Stallings was an uninsured motorist, Ulrich submitted
a first party claim to his insurance carrier, USAA, for uninsured motorist
(UM) benefits. USAA denied Ulrich's claim on the ground that his injuries
did not "arise out of the ownership, maintenance or use of the
uninsured motor vehicle," as required under the policy. Ulrich then
filed a declaratory judgment action against USAA in district court to
resolve the coverage dispute. After a hearing on cross-motions for summary
judgment, the district court also determined that UM coverage did not exist.
Specifically, the district court concluded that Ulrich's injuries did not
arise out of Stallings' use of his vehicle, as the vehicle was merely the
"situs" of the shooting. The district court accordingly granted
summary judgment to USAA. This appeal followed.
(In the UNLIKELY event you have been
reading this for its value as actual precedent in insurance coverage
litigation, rather than for mere comic relief, the decision of the appellate
court was to affirm the district court -- no insurance coverage.)
