Moherek v. Tucker

This appeal presents the question, is a passenger of an automobile who is standing behind such auto, holding its spare tire up against its rear bumper to protect the rear bumper of such car from the front bumper of a second car that is about to push it, “occupying” the first auto so as to be covered by its uninsured motorist insurance? The policy in question defined “occupying” as “in or upon, entering into or alighting from” the insured vehicle. We conclude under the facts in this case that the plaintiff-appellant Rudolph P. Moherek was “upon” the vehicle at the time the injury occurred.

On…