In Patel v. LM General Insurance Co., 922 F.3d 875 (8th Cir. 2019) (interpreting Missouri law) the 8th Circuit Court of Appeals found that there was no UM coverage for a fatal drive-by shooting because the violent act of the shooting arose from the conduct of the assailant and not from the operation of the vehicle.
The chief question in this case was whether the death “arose out of” the operation of the automotive vehicle. The Missouri Court of Appeals found that in a drive-by shooting situation, the assailant’s conduct was independent of the vehicles used.