Batchelor v. Liberty National Life Insurance

MADDOX, Justice.

The sole question to be decided in this case is whether the insured, who was repairing a flat tire at the time he was struck and killed by an oncoming automobile was “riding in an automobile on a public street or highway,” and was therefore covered under the terms of an insurance policy. We hold that under the facts of this case, the insured was not covered and affirm the trial court’s issuance of summary judgment in favor of the insurer. The pertinent portion of the policy in question reads:

“Death by automobile accident means death for which the accidental death benefit would…