MacKie v. Unigard Insurance Co.

Plaintiffs Mackie and Fireman’s Fund Insurance Company (Fireman’s Fund) appeal from a summary judgment in favor of defendant Unigard Insurance Company (Unigard) which dismissed their complaint seeking a declaratory judgment that Mackie’s injuries were covered under Unigard’s uninsured motorist policy. They contend that the trial court erred in holding that Mackie was occupying her car when she was struck by an uninsured motorist. We affirm.

The case was submitted to the trial court on stipulated facts. In January, 1984, Mackie drove her car to her father’s home to attend a birthday party. She…