King v. Westfield Insurance

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

TUNHEIM, District Judge.

Plaintiff Kimberly King was injured when an underinsured motor vehicle struck her while she and her partner were unloading a dryer from the back of her employer’s delivery truck. The delivery truck was insured by defendant Westfield Insurance Co. The policy provides coverage for “ ‘bodily injury’ sustained by the ‘insured’ caused by an ‘accident’.” (Rod-lund Aff. Ex. D.) An insured is defined as anyone “ ‘occupying’ a covered ‘auto’.” Id. “ ‘Occupying’ means in, upon, getting in, on, out or…