DeSaga v. West Bend Mutual Insurance

Decedent, Felix DeSaga, was hit by a car and killed after he went into the roadway to remove some pieces of angle iron that had fallen off of his truck. Plaintiff, Debbie DeSaga, decedent’s widow and the administrator of his estate, sought insurance benefits related to the accident under the underinsured motorist (UIM) endorsement of the insurance policy issued to decedent’s employer by defendant, West Bend Mutual Insurance Company. Defendant denied coverage claiming that decedent was not “occupying” the covered vehicle at the time of the accident as required under the policy to trigger UIM…