South Carolina Farm Bureau Mutual Insurance v. Kennedy

South Carolina Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from the trial court’s order finding Henry Kennedy was entitled to underinsured motorist (UIM) coverage, arguing the court erred in finding Kennedy was occupying the manure truck when he was hit by the pickup truck because he was not “upon” the insured vehicle at the time of the accident. We reverse.

FACTS

On October 23, 2002, Kennedy was hurt in a pedestrian-vehicle accident. 1 Kennedy was employed by Irons Poultry Farms, Inc. (Irons Poultry), and at his employer’s direction, Kennedy drove the company’s manure truck to a…