ALASKA SUPREME COURT FINDS MOTOR VEHICLE ACCIDENT CLAIMANT WAS NOT “OCCUPYING” INSURED’S VEHICLE TO SEEK UIM COVERAGE UNDER INSURED’S POLICY

Many automobile insurance policies provide underinsured motorist (UIM) coverage to the named insured, as well as others that are “occupying” an insured automobile during an accident . The interpretation of what circumstances constitute occupancy of an insured automobile by a person that is not other wise an insured under the policy is an issue regularly debated between claimants and insurers throughout the country. In Hahn v. Geico Choice Ins. Co., 2018 Alas. Lexis 62 (2018), the Alaska Supreme Cour t weighed in on this issue and held that a person hit by an insured automobile, who landed momentarily on the hood, windshield, and roof of the insured automobile before coming to rest on the street was not “occupying” the insured vehicle for purposes of UIM coverage.

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