Tropf v. American Family Mutual Insurance Co.

TERNUS, Justice.

The issue presented by this ease is whether a claimant must be in actual physical contact with the insured vehicle in order to be “occupying” the vehicle within the meaning of a policy defining “occupying” as “in, on, getting into or out of, and in physical contact with” the insured vehicle. We conclude physical contact with the vehicle is a prerequisite to coverage under this definition. Therefore, we vacate a court of appeals decision stating a contrary conclusion and affirm the district court judgment correctly interpreting the policy.

I. Robert Tropf, Jr., appellant, was…