Fisher v. Harleysville Insurance

WIEAND, Judge:

In this action for declaratory judgment, the trial court determined that Donald T. Fisher had been an “occupant” of a truck which had been owned by Timothy Wiker and insured by Harleysville Insurance Company (Harleysville). Therefore, the court entered summary judgment holding that Fisher was entitled to recover underinsured motorist benefits from Harleysville. Harleysville appealed. After careful review, we affirm.

On November 29, 1988, Fisher and his friend, Timothy Wiker, went deer hunting. At or about 1:00 p.m., they were driven to the hunting area in Wiker’s pickup truck by…