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Maldonado v. Travelers Casualty Insurance Co. of America

Court: ED Tx  03/16/2021  District Court Grants Insureds' Motion for Summary Judgment in Underinsured Motorists Dispute

The court found that the insureds' continued and repetitive conduct of stepping onto and off a covered vehicle was sufficient to satisfy "occupying" requirement of underinsured motorists coverage when insureds were injured while trying to escape from a tractor-trailer accident near where they were clearing debris from the side of a highway.

automobile liability insurance policy, underinsured motorist, insureds, occupying, plain language

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