Marcilionis v. Farmers Insurance

The issue in this declaratory judgment action is whether plaintiff was “occupying” his uncle’s car when he was struck and injured by an uninsured car. If so, he is entitled to uninsured motorist coverage as an “insured person” under the terms of his uncle’s car insurance policy issued by defendant Farmers Insurance Company (Farmers). We hold that plaintiff was not “occupying” his uncle’s car and, therefore, is not an insured person entitled to uninsured motorist coverage under his uncle’s car insurance policy.

The facts in this proceeding are not in dispute. On May 1, 1990, shortly after 3:00…