Butzberger v. Foster

While attempting to rescue Frank Foster, trapped inside his overturned pickup truck on Interstate 5, Jeffrey A. Butzberger was struck and killed by an underinsured motorist. Butzberger’s estate brought suit *399seeking to recover underinsured motorist (UIM) coverage from the insurer of Foster’s vehicle and the insurer of the vehicle Butzberger had been driving. The trial court granted summary judgment on several claims, ruling Butzberger was entitled to UIM benefits under the policy covering his vehicle but not under the policy covering Foster’s vehicle. The Court of Appeals reversed, holding…