Universal Underwriters Insurance v. Tucker

OWEN, WILLIAM C„ Jr., Senior Judge.

Mr. Tucker and Mr. Philips, customers of Steve Moore Chevrolet, were co-passengers in the dealership’s courtesy van. When the van returned them to the dealership, Tucker exited from the front passen*779ger seat and closed the door, unfortunately, on the hand of Mr. Phillips, who was then exiting from a rear seat of the van. Philips sued Tucker who, by third-party complaint, sought a declaratory judgment that he was an insured under the automobile liability policy on the van issued by Universal Underwriters Insurance Company (“Universal”). On undisputed facts the…