The dispute centers on a chain of events triggered by a vehicle breakdown on Interstate 25 in New Mexico. On April 13, 2021, Richard Fralick was driving a newly acquired, uninsured Subaru with passenger William Westuk when the vehicle broke down. Fralick instructed Westuk, an elderly man with mobility issues, to remain in the car while he attempted to flag down help.
Without Fralick’s knowledge, Westuk exited the Subaru approximately three hours later, crossed the median, and entered the southbound travel lane of the interstate. At around 12:38 a.m., Mazur, driving a 1999 Toyota Land Cruiser insured by State Farm, swerved to avoid hitting Westuk. The vehicle rolled over several times, injuring Mazur and her passenger, Wunder.
Mazur and Wunder sought coverage under the uninsured motorist provision of the Land Cruiser’s policy, arguing their injuries arose from Fralick’s negligent operation and maintenance of the Subaru. State Farm denied the claims, leading the plaintiffs to file suit for breach of contract and bad faith.
The district court granted summary judgment for State Farm, relying on the Colorado Supreme Court’s decision in State Farm Mutual Automobile Insurance Co. v. Kastner, 77 P.3d 1256 (Colo. 2003). The court held that the plaintiffs’ injuries did not satisfy the policy’s requirement that bodily injury be "caused by an accident that involves the operation, maintenance, or use of an uninsured motor vehicle as a motor vehicle."
In its opinion filed April 17, 2026, the Tenth Circuit affirmed the lower court’s ruling. The panel applied Colorado law, noting that uninsured motorist provisions must be interpreted to reflect the legislative purpose of the Colorado Uninsured Motorist Act.
The court distinguished the plaintiffs’ case from Kastner, where coverage was granted because the vehicle was used as an instrumentality of the crime. Here, the Tenth Circuit concluded that the causal link between the uninsured vehicle’s breakdown and the plaintiffs’ injuries was too attenuated to constitute an "accident that involves" the vehicle’s operation or use under Colorado law.