Estate of Richerson v. Cincinnati Ins. Co.
Annotate this CaseTerry Richerson died after being backed over by a truck owned by United Materials. Richerson's estate requested medical payments under the policy the Cincinnati Insurance Company issued to United Materials for the truck involved in the accident. Cincinnati denied the claim because the policy provided coverage for injuries suffered by a claimant while "occupying" a covered auto. The district court concluded that Richerson was not occupying the auto as defined in the policy and, accordingly, granted summary judgment in favor of Cincinnati. Richerson's estate appealed, arguing that because Richerson was caught in and transported by the truck, he was "upon" it, and therefore he was "occupying" the truck. the Supreme Court affirmed the district court's grant of summary judgment in favor of Cincinnati, holding that Richerson's contact with the truck was insufficient to trigger coverage under the definition of "occupying" in the policy.
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