WEBER V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.
284 N.W.2d 299 (1979)
NATURE OF THE CASE: Mutual (D) appealed an order entering judgment for Weber (P) in an
action to recover no-fault benefits under an insurance policy
FACTS: Robert Weber was insured by D under North Dakota's no fault act. Robert, his
wife, Virginia (P), Brian Bradberry, and John Gabby were hunting deer. Robert was seated in
the driver's seat and Virginia was seated beside him on the right side of the front seat.
Bradberry was seated in the rear seat directly behind Robert and Gabby was seated behind
Virginia. Spotting some deer crossing the road, Weber drove his vehicle into a ditch. Gabby
jumped out the right rear door. As Gabby was moving out of the door, he was feeding shells
into his 270-calibre bolt action rifle. As he closed the bolt of the gun it discharged. The
bullet from the rifle went through the open right rear door, through the back of the front
seat, and struck Robert in the back while Robert was still seated behind the steering wheel.
Robert was pronounced dead on arrival at the Hospital. P, as surviving spouse made a demand
on D for death benefits. D refused and P sued. The district court, found that Robert was
occupying the vehicle within the meaning of 26-41-07, N.D.C.C., and that P was entitled to
no-fault benefits as his survivor. Judgment was entered for $15,000; $1,000 for funeral
expenses; and $14,000 as survivor's income loss. D appealed; the Accident Reparations Act
does not provide for coverage for this type of an accident.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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