On March 7, 2007, Toby Young was participating in a five-day cross-country ski and yoga program with

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On March 7, 2007, Toby Young was participating in a five-day cross-country ski and yoga program with Elderhostel and the Craftsbury Center, Inc. Young spent the afternoon cross-country skiing. A Craftsbury employee drove a Craftsbury van to pick up Young’s group at the end of their ski trail. As she loaded her skis into the back of the van, Young was struck by a pickup truck operated by Jessie Peters. Peters was insured by Peerless Insurance Company. Young was pinned between the pick-up and the back of the van. Young’s legs and pelvis were crushed, and she sustained multiple fractures and injuries to internal organs. She ultimately incurred $422,427 in medical expenses. Young filed a claim against Peters and Peerless and settled for the $100,000 policy limit. Young also filed claims with Hartford Underwriters Insurance Company on the basis of a personal automobile and umbrella policy she maintained with Hartford and with Craftsbury’s insurer, the Cincinnati Insurance Company, for underinsured motorist benefits. Hartford settled with Young for $750,000. Cincinnati refused coverage on the basis that Young was loading the van at the time of the accident and was not “occupying” the van as required by Craftsbury’s policy in order for coverage to exist. Cincinnati’s policy defined “occupying” as “in, upon, getting in, on, out or off.” Hartford brought an action against Cincinnati seeking an order declaring Cincinnati to be the primary insurer and for reimbursement of amounts paid by Hartford to Young. Was Young “occupying” the van at the time of the accident such as to trigger coverage under Craftsbury’s insurance policy with Cincinnati?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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