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Gradillas v. Lincoln General Ins. Co.

United States Court of Appeals, Ninth Circuit

July 6, 2015

LILLIAN GRADILLAS; CHRIS GRADILLAS; ASSIGNEES OF KENNETH NWADIKI, JR., DBA America Bus Line, Plaintiffs-Appellees,
v.
LINCOLN GENERAL INSURANCE COMPANY, Defendant-Appellant

D.C. No. 3:12-cv-03697-CRB.

SUMMARY[**]

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?

For Plaintiffs-Appellees: Paul D. Fogel and Dennis Peter Maio, Reed Smith LLP, San Francisco, CA and Scott A. Brown and David M. Poore, Brown Poore LLP, Walnut Creek, CA.

For Defendant-Appellant: Edward F. Ruberry, Ellen D. Jenkins, and David Allen, Ruberry, Stalmack & Garvey LLC, Chicago, IL and George D. Yaron and Henry M. Su, Yaron & Associates, Oakland, CA.

Before: Michael Daly Hawkins and Paul J. Watford, Circuit Judges, and Jed S. Rakoff,[*] Senior District Judge.

ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF CALIFORNIA

ORDER

We respectfully request that the Supreme Court of California exercise its discretion to decide the certified question set forth in Part II of this order.

I

Caption and Counsel

A. The caption of the case is:

No. 13-15638
LILLIAN GRADILLAS; CHRIS GRADILLAS; ASSIGNEES OF KENNETH NWADIKI, JR., ...

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