Nickerson v. Citizens Mutual Insurance

This appeal requires consideration of a standard automobile insurance policy clause. The direct issue is one of first impression in Michigan. Plaintiff-appellee, Bruce Nickerson (hereinafter plaintiff), seeks to confirm an arbitration award in his favor. Defendant-appellant, Citizens Mutual (hereinafter Citizens), claims that plaintiff was not covered by the policy.

The issue for decision is:

DOES THE PASSENGER OF A DISABLED AUTOMOBILE LOSE HIS STATUS AS AN "OCCUPANT” BY EXITING THE AUTOMOBILE AND REMAINING WITHOUT ANY CONTACT, IN FRONT OF THE AUTOMOBILE, WHILE AWAITING AID, IF THE POLICY…