Stoddard v. "Aid" Insurance

SHEPARD, Justice.

This is an appeal from a summary judgment granted defendant insurance carrier in an action for medical payment coverage included in an automobile insurance policy. The question presented is whether plaintiff was an “occupant” of the vehicle at the time of the accident under the policy terms. The lower court held he was not and we reverse.

Plaintiff-appellant Ellis Stoddard was the insured under an automobile insurance policy issued by defendant-respondent AID Insurance Company. Stoddard was injured in a fire emanating from gasoline or gasoline vapors escaping from his…