Jackson v. Quincy Mutual Fire Insurance Co.Annotate this Case
Plaintiff, the executrix of the estate of the decedent, brought a declaratory judgment action seeking a declaration that the estate was entitled to underinsured motorist coverage under a policy issued by Quincy Mutual policy. The motion justice determined that the decedent was “occupying” his owned-but-not-insured motorcycle at the time of his fatal injury, and therefore, an exclusion of the policy applied. Plaintiff appealed, arguing that summary judgment was inappropriate because the decedent was separated from his motorcycle at the time of his death and, therefore, was not occupying the motorcycle as that term was defined in the Quincy Mutual policy. The Supreme Court reversed, holding that a genuine issue of material fact existed as to what impact caused the decedent’s fatal injuries and the time or distance between them, precluding summary judgment.