McKiddy v. Trinity Lloyd's Insurance Co.

OPINION

Opinion by

Justice JAMES.

Jeffrey Todd McKiddy appeals the trial court’s granting of summary judgment in favor of Trinity Lloyd’s Insurance Company. The court found McKiddy was not “occupying” the vehicle covered by Trinity’s insurance policy; McKiddy, therefore, was not entitled to coverage under Trinity’s policy. McKiddy contends the court erred because: (1) McKiddy was in physical contact with the covered vehicle, thus being “upon” the vehicle; (2) Trinity cannot overcome a presumption of coverage because it did not restrict the definition of “occupying”; and (3) the term “occupying”…