Occupying a Vehicle

The Louisiana Supreme Court in Valentine v. Bonneville Ins. Co., 691 So.2d 665 (La.1997), held that the automobile liability insurance policy definition of “occupying” as “in, upon, getting in, on, out, or off” was clear and unambiguous, and therefore did not extend coverage to a deputy sheriff who was directing traffic.

This same definition was found to extend coverage to a deputy sheriff who was returning to his vehicle after setting flares to divert traffic because of the “special exigent relationship between an officer and his vehicle.” Ashy v. Migues, 760 So.2d 440 (La.App. 3rd Cir.), writ denied, 771 So.2d 84 (La. 2000).

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