Sherry Cadell v. XL Specialty Insurance Company, 2012 U.S. Dist. LEXIS 85239

Summary

An employee who was standing directly behind an employer's truck preparing to load containers of waste into the truck when he was struck by a passenger car was an insured under an automotive liability insurance policy that defendant insurer issued to the employer. The employee was occupying the vehicle within the meaning of the policy the time of the accident because his purpose for being at the job site and the work he was preparing to do was connected to the truck. Thus, plaintiff, the employee's wife, was entitled to underinsured motorist benefits under the policy.