Allstate Insurance Co. v. Thomas

KLEIN, Judge.

Allstate appeals a judgment declaring that the decedent had uninsured motorist coverage under a policy insuring a truck in which he had been a passenger shortly before he was struck and killed by another motorist. We conclude that the decedent, who was unloading a nearby vehicle at the time of the accident, was not “occupying” the insured truck, and was therefore not covered by the policy.

After being informed that an independent trucker’s vehicle had become disabled on I-95, House of Credit, a furniture company, sent two of its employees in a company truck insured by Allstate to…