(Download) "Cherry V. Truck Insurance Exchange And Dave Thomas" by Division Two Court of Appeals of Washington # Book PDF Kindle ePub Free
eBook details
- Title: Cherry V. Truck Insurance Exchange And Dave Thomas
- Author : Division Two Court of Appeals of Washington
- Release Date : January 20, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
HOUGHTON, J. -- Allen K. Cherry, an emergency service tow truck operator, was injured on a service call while helping an uninsured, stranded motorist. Cherry*fn1 filed a lawsuit against the insurer of the emergency service tow truck, Truck Insurance Exchange (Exchange), seeking coverage under the underinsured motorist (UIM) provisions of the policy. On cross-motions for summary judgment, the trial court concluded that Cherry was not "using" the tow truck at the time of his injury, granted defendant's motion for summary judgment, and denied plaintiffs' cross-motion. This court previously issued an unpublished opinion affirming the trial court. Cherry moved for reconsideration of that opinion. We now grant reconsideration, vacate our former opinion, reverse the trial court's granting of summary judgment to Exchange, and grant Cherry's motion for summary judgment.