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182035P.pdf   05/03/2019  Ripal Patel  v.  LM General Insurance Company
   U.S. Court of Appeals Case No:  18-2035
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Loken, Author, with Grasz and Stras, Circuit Judges] Civil Case - Diversity. In suit for recovery under uninsured motorist coverage for damages resulting from death by drive-by shooting while sitting in the car, the district court did not err in granting summary judgment to the insurer because the insured's injury did not arise out of the use of a vehicle. The Missouri statute requires that the uninsured motorist is liable for injury to the insured arising out of the motorist's use of his uninsured auto and here the injuries inflicted on a victim of a drive-by shooting by the occupant of a motor vehicle are not injuries which arise out of the use of the motor vehicle because the discharge of the gun in unconnected to the inherent use of the motor vehicle.