The Ninth Circuit wants help construing an insurance policy and it’s hoping the California Supreme Court will do that work for it. So says an order requesting the Supreme Court to answer a question of California law under rule 8.548. The odd thing about the order is that it’s post-dated for two days from today.
In Gradillas v. Lincoln General Insurance Company, the federal appeals court is dealing with an insurance coverage issue arising out of a rape on a party bus by the bus driver. The court has asked (will ask on Monday?) the Supreme Court to answer this 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?” The Ninth Circuit heard argument in the case less than a month ago.
The Supreme Court has been especially accommodating of Ninth Circuit requests in the last several years, but we’ve questioned whether this streak of agreeing to take on more work at the Ninth Circuit’s behest will continue. We might know as early as this Wednesday, when the Supreme Court might rule on the other pending Ninth Circuit request, in Davis v. Devanlay Retail Group, Inc.
It’s also worth noting that the last time the Supreme Court turned down a Ninth Circuit request (over three years ago), it was in an insurance coverage case.
The Supreme Court will likely decide by around Labor Day, give or take, whether to answer the Gradillas question.
[July 7 Update: The Supreme Court has docketed the case.]
