Ferguson v. Aetna Casualty & Surety Company

McDONALD, Chief Justice.

Plaintiff sued defendant Insurance Companies upon the “medical payments provision” of policies issued upon her automobile (and sued defendant Insurance Agency upon policy which was requested but not issued). Such policies provide medical payments for the named insured who sustains “bodily injury, caused by accident, while occupying or through being struck by an automobile” The term “occupying” is defined in the policy as meaning “in or upon or entering into or alighting from an automobile."

Plaintiff had been to the beauty parlor. She left the beauty parlor, came out…