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eBook details

• Title: Mid-Century Insurance Co. V. Henault
• Author : Supreme Court of Washington
• Release Date : January 16, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

PEKELIS, J.--Mid-Century Insurance Company (Mid-Century) appeals from a Court of Appeals decision reversing a trial court's order in which it granted summary judgment to Mid-Century on the basis that Christine Henault (Henault) was not covered under the uninsured or underinsured motorist (UIM) provisions of her Mid-Century automobile insurance policy (the policy). Henault sustained injuries when she was struck by an uninsured/underinsured motorist as she lay in the roadway after having been ejected from her uninsured motorcycle in an earlier collision. Mid-Century contends that the policy's "owned-vehicle" exclusion applies to preclude coverage in this case. Under this exclusion, no UIM coverage is provided for injuries sustained "while occupying" an uninsured motor vehicle "owned" by the insured. We therefore must decide whether Henault was "occupying" her uninsured motorcycle at the time of the second impact involving the uninsured motorist. We hold that Henault was not and affirm the Court of Appeals.

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