A Florida US February 2025 judgment held that a road rage incident where the insured’s passenger was shot by a third party who considered the insured was driving negligently was not covered by a motor policy which covered damages “arising out of the ownership, maintenance or use” of a motor vehicle.

The gunshots were not “foreseeably identifiable in the normal use of the automobile”. Secondly, “the act of firing a weapon into another vehicle constitutes an act of independent significance”, breaking the chain of causation and precluding coverage.

The vehicle was driven in a manner that was unacceptable to a neighbour who shot at the vehicle. Upon hearing the shotgun shot, the driver stopped the car and the passenger got out. The neighbour fired again, this time hitting the passenger and injuring him. The passenger sued the neighbour, and the driver who claimed under his automobile policy.

The failure of this extraordinary claim would be even more certain under South African law and a typical South African motor policy.

[State Farm Mutual Automobile Insurance Co v Hurley, case no 1:24-cv-00138 in the US District Court for the Northern District of Florida]