Nickerson v. Citizens Mutual Insurance

The primary question in this appeal, a matter of first impression before this Court, involves interpretation of what appears to be a common automobile insurance policy clause extending coverage for purposes of protection against damages caused by an uninsured motorist to any "assured” who was "occupying the insured automobile”, the term "occupying” being defined in the policy as "in or upon or entering into or alighting from”.

We hold that plaintiff in the instant case was covered under the language above due to (1) his immediate prior "occupying” of the insured vehicle, and (2) his suffering…