GREENBERG, Circuit Judge.
After Larry Squires was injured in a motor vehicle accident, his automobile insurer
On October 20, 2008, Squires was driving his pickup truck on State Highway 51 in Beaver County, Pennsylvania when he was injured after swerving to avoid an approximately two-foot square cardboard box lying in the middle of his lane. The parties to this action are uncertain as to how the box came to be left on the road but, for purposes of its motion in the District Court, Allstate stipulated that an unidentified vehicle dropped the box.
Squires's policy provides, in relevant part:
App. at 44. The policy's language tracks the Pennsylvania Motor Vehicle Financial Responsibility Law ("MVFRL"), which requires that insurers offer UM benefits in motor vehicle liability insurance policies.
75 Pa. Cons.Stat. Ann. § 1731(b) (West 2006). The MVFRL defines "uninsured motor vehicle" to include, inter alia:
Id. § 1702.
Although Squires's insurance policy—unlike the MVFRL—does not include unidentified motor vehicles in its definition of "uninsured auto," see app. at 45, Allstate did not dispute—and the District Court, quite reasonably in view of section 1702, assumed—that the unidentified vehicle was an "uninsured motor vehicle" for purposes of the Court's coverage analysis.
The District Court had diversity of citizenship subject matter jurisdiction under 28 U.S.C. § 1332.
The parties agree that Pennsylvania law governs our interpretation of Squires's policy
As the District Court recognized, the sole question in this case is whether under the policy and Pennsylvania law Squires's accident should be regarded as having "[arisen] out of ownership, maintenance, or use of an uninsured auto." We note that to the extent "the state's highest court has not addressed the precise question presented, we must predict how [that] court would resolve the issue." Wayne Moving & Storage of N.J., Inc. v. Sch. Dist. of Phila., 625 F.3d 148, 154 (3d Cir. 2010) (alterations and citations omitted). In doing so,
Meyer v. CUNA Mut. Ins. Soc'y, 648 F.3d 154, 164 (3d Cir.2011) (internal quotation marks and citations omitted). "Although not dispositive, decisions of state intermediate appellate courts should be accorded significant weight in the absence of an indication that the highest state court would rule otherwise." Orson, Inc. v. Miramax Film Corp., 79 F.3d 1358, 1373 n. 15 (3d Cir.1996). Although Pennsylvania's intermediate appellate courts have not addressed a factual scenario similar to that presented here, their decisions provide significant guidance for us in answering the question that we address.
We start, however, with the Pennsylvania Supreme Court case of Manufacturers Casualty Insurance Co. v. Goodville Mutual Casualty Co., 403 Pa. 603, 170 A.2d 571 (1961), in which that court held that "[c]onstrued strictly against the insurer, `arising out of' [in an insurance policy] means causally connected with, not proximately caused by. `But for' causation, i.e. a cause and result relationship, is enough to satisfy this provision of the policy." Id. at 573. This formulation of "arising out of" is now well-settled in Pennsylvania, and has been applied in various insurance law settings, both when interpreting insurance
In making our analysis we are aware that Pennsylvania intermediate appellate courts quite broadly have indicated that if injuries are caused by "an instrumentality or external force other than the motor vehicle itself," the vehicle will not be regarded as having contributed to the cause of the injuries pursuant to the "arising out of" language. See Lucas-Raso v. Am. Mfrs. Ins. Co., 441 Pa.Super. 161, 657 A.2d 1, 3 (1995). For example, in Lucas-Raso the Superior Court of Pennsylvania held in a workers' compensation subrogation action that an employee's injuries did not arise from the maintenance or use of a motor vehicle when the employee slipped in a snow-covered pothole as she was approaching her car. Accordingly, a provision of the MVFRL, 75 Pa. Cons.Stat. Ann. § 1720 (West 2006), that bars subrogation claims in cases "arising out of the maintenance or use of a motor vehicle" did not preclude the workers' compensation insurance carrier that had paid benefits to the employee from subrogating to the recovery on the employee's third-party claims for damages arising from the fall. Id. at 5. The court acknowledged that while the employee was "vehicle-oriented at the time of her fall, she has failed to establish the necessary nexus between her injury and the use of the . . . vehicle," observing that the employee had "offered no connection to link her fall to the use of her vehicle other than her claim that she was en route to enter it. The facts illustrate that it was not the act of entering her vehicle which caused [the] fall, and there was no other vehicle involved to break the chain of entry." Id.
The Superior Court employed reasoning similar to that of Lucas-Raso in Smith v. United Services Automobile Ass'n, 572 A.2d 785, a case on which the District Court in this case heavily relied. In Smith a boy was riding his bicycle on a road as a tractor pulling a hay wagon passed by him. As the vehicles were passing, a boy riding in the wagon threw hay in the bicycle rider's face, causing him to crash into a tree and suffer serious injuries. Smith and his parents sued their automobile liability insurer seeking uninsured motorist coverage, but the court held that the injuries were not caused by a vehicle, but rather by the "intentional act of a third party, [i.e.] the passenger, throwing hay."
Relying on Smith, the District Court rejected Squires's claim for coverage as it concluded that "the determinative fact is that the instrumentality causing the Underlying Accident was a box—not a vehicle."
We have examined the four cases on which Smith principally relied but find them to be easily distinguishable from this case as they all concerned intervening actions in situations in which the injuries sustained were not attributable to common uses of a vehicle. See Roach v. Port Auth. of Allegheny Cnty., 380 Pa.Super. 28, 550 A.2d 1346, 1350 (1988) (holding that a bus passenger who was injured as a result of a fight between two other passengers did not "establish the requisite causal connection between the `maintenance and use of a motor vehicle' and the injuries"); Alvarino, 537 A.2d at 21 (holding that a passenger who was bitten by a dog chained inside a van did not suffer injuries arising out of the maintenance or use of a motor vehicle, because the motor vehicle was merely "the place where injuries [were] sustained"); Camacho, 460 A.2d at 354 (holding that injuries sustained by driver sitting in car caused by an explosive device that was thrown from another vehicle did not arise
In support of its position, Allstate points to our decision in U.S. Underwriters Insurance Co. v. Liberty Mutual Insurance Co., 80 F.3d 90 (3d Cir.1996). In U.S. Underwriters, Robert Hipl parked his car at a nursing home in preparation for a business meeting. As he exited his vehicle, Hipl slipped on grease that had come from the nursing home's kitchen and then coated a section of the parking lot. Id. at 92. In the process, he struck his back on the car's door and was injured. Id. After Hipl's employer's workers' compensation carrier paid him benefits, it asserted that it had acquired a subrogation lien on the proceeds of a third-party action Hipl brought against the nursing home and other defendants. Id. Following the settlement of the third-party action, the third-party defendants' insurers sought to invalidate the lien under the provision of the MVFRL involved in Lucas-Raso that bars a workers' compensation insurer's right of subrogation to recover benefits from an insured's tort recovery if the injuries "arose from the maintenance or use of a motor vehicle." Id. We applied Goodville's "but-for" formulation of "arising out of," but, noting that "every incidental factor that arguably contributes to an accident is not a `but for' cause in the legal sense," see Berry v. Sugar Notch Borough, 191 Pa. 345, 43 A. 240, 240 (1899), we cited Smith and several similar intermediate appellate court cases and concluded that a Pennsylvania court would not hold that Hipl's injuries "arose out of" the use of his car based on the particular facts of the case. Id. at 94-95.
U.S. Underwriters clearly is distinguishable from this case. We first observe that while, as here, something physically external to a vehicle caused the injuries in U.S. Underwriters as the grease that directly caused Hipl to fall emanated from a nearby building, the procedural posture of our case requires us to consider that the cardboard box that caused the accident was dropped on the road by an unidentified and thus uninsured vehicle. Consequently, there is a stronger factual causal connection here between the injuries sustained and the "ownership, maintenance, or use" of an automobile than the connection between the injuries and the vehicle in U.S. Underwriters. In U.S. Underwriters we recognized how attenuated the causal connection was between the injury and the vehicle for in reaching our result we relied on the analogous case of Lucas-Raso, which reasoned:
Lucas-Raso, 657 A.2d at 5. Although Hipl, unlike the injured party in Lucas-Raso, struck his vehicle rather than the ground when he fell, a vehicle did not cause the fall. Thus, though the vehicle involved in U.S. Underwriters was the situs of the injury, its presence was not instrumental in the fall. Significantly, in U.S. Underwriters we examined "Pennsylvania cases demontrat[ing] that the Commonwealth's understanding of `use of a motor vehicle'. . . will not encompass the causal nexus at issue here," 80 F.3d at 94, citing Smith, Roach, Alvarino, Camacho, Schweitzer, and Eisenhuth, which as we have mentioned were all cases where the presence of a vehicle was merely incidental to the conditions that caused the injuries at issue. See id. at 94-95.
As the Supreme Court of Pennsylvania set forth in Goodville, the central inquiry in assessing whether an incident "arose out of the maintenance, ownership, or use" of a motor vehicle concerns causation, which is informed by—but does not necessarily turn on—the "instrumentality" directly causing the accident. Thus, the Pennsylvania intermediate appellate court decisions that have indicated that if "an instrumentality or external force other than the motor vehicle itself" caused the accident the vehicle will not be regarded as having contributed to its cause may not have precisely applied the Goodville formulation. In fact, we think that while the identification of the object that directly caused an accident surely is relevant in a causation analysis, it is not dispositive and does not foreclose the possibility that the accident arose out of the use of a motor vehicle. In this regard, we point out that there may be two or even more causes of an accident. Lehrer/McGovern v. Workers' Compensation Appeal Board, 720 A.2d 853 (Pa.Commw.Ct.1998), is an example of a case in which there was a confluence of an external object and a vehicle that caused an accident. In that case a construction worker was injured when a metal refuse container slid off of a nearby flatbed truck and traveled about ten feet before hitting a large steel box that struck the worker. Id. at 853-54. The worker filed a third-party action against the truck owner, and after the parties settled that action, his employer, who had paid its employee workers' compensation benefits, filed a subrogation action seeking to make a recovery from the employee's proceeds from the third-party action. Id. at 854. However, as we already have noted in our discussions of Lucas-Raso and U.S. Underwriters, a provision of the MVFRL precludes an employer or insurance company that has paid workers' compensation benefits from subrogating to the recovery from a third-party action "arising out of the maintenance or use of a motor vehicle." In affirming the Workers' Compensation Appeal Board, which rejected the employer's claim, the Commonwealth Court held that the worker's injuries arose from the maintenance or use of a motor vehicle, and barred the employer from subrogating to the recovery in the third-party action, despite the circumstance as germane here that an object other than the vehicle itself struck the worker. Id. at 856.
We finally note that "the MVFRL is to be liberally construed in order to afford the greatest possible coverage to injured claimants" and "[i]n close or doubtful insurance cases, a court should resolve the meaning of insurance policy provisions or legislative intent in favor of coverage for the insured." Houston v. SEPTA, 19 A.3d 6, 14 (Pa.Commw.Ct.2011) (citing 1 Pa. Cons.Stat. Ann. § 1928(c) (West 1998) (stating with exceptions inapplicable here that statutes "shall be liberally construed to effect their objects and promote justice")); Motley v. State Farm Mut. Auto. Ins. Co., 502 Pa. 335, 466 A.2d 609, 611 (1983). Thus, even though we recognize that this case is close, we think that the Pennsylvania Supreme Court would reach the result that we reach.
For the foregoing reasons, we hold that in light of Allstate's concession for purposes of its motion for judgment on the pleadings that the accident was caused by a box dropped from an unidentified vehicle, Squires's accident "ar[ose] out of the maintenance, ownership, or use" of an uninsured vehicle under his insurance policy. We therefore will reverse the District Court's order of March 2, 2011, granting Allstate's motion for judgment on the pleadings and dismissing Squires's counterclaims and will remand the case to the District Court for further proceedings.