State Farm Mutual Automobile Insurance v. Cookinham

The plaintiff, State Farm Mutual Automobile Insurance Company, filed a petition for declaratory judgment to determine if the defendant, Faith Cookinham, was entitled to uninsured motorist benefits under a policy issued by the plaintiff to her friend, John J. Welch. The Superior Court (Goode, J.) ruled that the defendant was not “insured” under the uninsured motorist provision of Welch’s policy because she was not “occupying” Welch’s vehicle when she was struck and injured by an uninsured vehicle. On appeal, the defendant contends that she was “occupying” the insured vehicle. We agree and…