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Trial Court Holds That Insured Still Occupying Motorcyle When Thrown From It Onto Windshield

Posted On Behalf of Schmidt Kramer Injury Lawyers on May 14, 2012 in General

On July 22, 2010 the trial court of the Court of Common Pleas in Allegheny County in  Allstate Fire & Cas. Ins. Co. v.  Hymesfrom July 22, 2010 held that an insured Hymes was still occupying a motorcycle at the time he was thrown from it in an accident onto the tortfeasor’s windshield and suffered a personal injury. He filed a third party claim against the driver of the other vehicle and recovered. Then he sought underinsured (UIM) motorist coverage on his motorcycle and recovered. After that, he sought UIM coverage on a separate motor vehicle policy arguing that a household exclusion was not valid because he was not “occupying” the motorcycle at the time of his accident since he was not “on” it. The trial court holds that Hymes is still subject to the exclusion because he was still occupying the motorcycle even thought he was injured after being ejected from motorcycle and impacting tortfeasor’s windshield. the court does not accept the argument that Hymes was not “occupying” the motorcycle because he was not “on” the motorcycle when he was injured. Anyone desiring a copy of the opinion can feel free to contact Scott B. Cooper, Esquire at Schmidt Kramer P.C. below.
Scott Cooperscooper@Schmidt Kramer.com717-232-6300 www.Schmidt