Cherry v. Truck Insurance Exchange

Allen K. Cherry, an emergency service tow truck operator, was injured on a service call while helping an uninsured, stranded motorist. Cherry 1 filed a lawsuit against the insurer of the emergency service tow truck, Truck Insurance Exchange (Exchange), seeking coverage under the underinsured motorist (UIM) provisions of the policy. On cross motions for summary judgment, the trial court concluded that Cherry was not "using” the tow truck at the time of his injury, granted defendant’s motion for summary judgment, and denied plaintiffs’ cross motion. This court previously issued an unpublished…