Short v. Midwest Family Mutual Insurance Co.

OPINION

SHUMAKER, Judge.

Appellant Randall L. Short challenges the district court’s grant of summary judgment in favor of respondent Midwest Family Mutual Insurance Company, arguing the district court’s construction of the term “occupying” as defined in an underinsured motorist policy written by respondent was incorrect. We affirm.

FACTS

Tow truck driver Randall Short was injured on March 25,1996, as he prepared to tow a stalled automobile. He had just locked the car onto a lift device and was walking toward the lift controls at the rear of the tow truck when a pickup truck collided with the car…