Summary Judgment Granted for Insurer on Definition of “Occupying”
Plaintiffs filed suit against client insurer for vexatious refusal to pay uninsured motorist benefits under a commercial auto policy. At issue was whether the insured was “occupying” his vehicle, as the term was defined in the policy, when he was hit by an unknown driver. Client insurer filed a motion for summary judgment. The United States District Court for the Eastern District of Missouri granted the client’s motion for summary judgment and plaintiffs did not appeal.
