Man dragging safe with truck was using "transportation function;" discrepancies in story were irrelevant
State Farm recently lost out in its claim that a man using his pickup and a rope to drag his gun safe out of the garage was not using the truck in its "transportation function." State Farm argued that Charles Walega was not using his motor vehicle "as a motor vehicle" when his wife dragged the safe out of the garage and it tipped over on Walega. State Farm argued that the truck was being used "as a tool."
The Court of Appeals pointed out that the Walegas were using the truck to move the safe--a transportation function. It also pointed out that whether the safe was being dragged or transported in the bed--as one of the Walegas described the events--it still involved the transportation function. Any discrepancy in their stories was irrelevant and not a material basis to void their coverage.