Insurer Doesn’t Have to Pay Montana Dragging Death Claim

November 2, 2011

The Montana Supreme Court says the family of a man who was dragged by a cement truck isn’t covered under the vehicle’s insurance policy because he did not technically “occupy” it.

Terry Richerson’s widow had asked the Supreme Court to rule that The Cincinnati Insurance Company must pay for Richerson’s medical and funeral bills from the Nov. 2, 2005, accident in Great Falls.

The insurance company argued that Richerson was not covered by the vehicle’s policy because he was not an occupant and had no connection to it.

Deborah Richerson’s attorney said that her husband was an occupant because the truck dragged him up to 50 feet.

The high court ruled Friday that to “occupy” the truck, Richerson had to have a broader connection other than being struck by it.

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