Sayers v. Safeco Insurance Co. of America

Safeco Insurance Company (Safeco) appeals from an adverse judgment of the District Court of the Second Judicial District, Silver Bow County. The parties stipulated to a bifurcated proceeding and submitted two issues for adjudication, reserving the right to a jury trial on damages if necessary. The issues submitted were:

1. Whether or not the plaintiff, Donald Sayers, was, at the time and place of the accident, “occupying” the automobile owned by Gary J. Galetti within the definition of the term “occupying” as defined in the insurance policy issued to Galetti by Safeco.

2. Whether Sayers may…