Romero v. Trahan

SARTAIN, Judge.

Plaintiff Romero sustained personal injuries as the result of an explosion and fire on March 16, 1966. He was attempting to pour gasoline into the carburetor of defendant Trahan’s 1959 Oldsmobile automobile, which had run out of gas, when Trahan turned on the ignition and the explosion and fire followed. Also named as a defendant was Trahan’s automobile insurer, New York Fire and Marine Underwriters, Inc.

The defendant insurer denies liability on the grounds that the policy covers only those persons who are injured while “occupying” the insured vehicle. Occupying, as defined in…