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Court Rules Owner Dragged Beside Vehicle Not An Occupant

November 23, 2022

In D’Andrea v. Economical Mutual Insurance Company, 2022 ABCA 337, an insurance company, Economical, appealed a trial decision that awarded the insured plaintiff (the “Insured”) coverage under her SEF 44 policy for being struck by her own vehicle that was in the process of being stolen.

The Insured was injured when she attempted to stop someone from stealing her car. She ran towards the car and leaned into the open window. She was dragged for about 40 feet before falling off. As the vehicle was being used without her consent, the Insured’s coverage under her SEF 44 endorsement depended on her being “struck” by the vehicle while not being an “occupant”.

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