Is physical contact with the insured vehicle necessary for a person, other than a named insured, to be “occupying” a motor vehicle under a UIM policy? The majority of jurisdictions across the country hold that physical contact is not a requirement. Instead these courts eschew a hard-and-fast rule mandating contact in favor of a multi-factorial approach which better lends itself to fulfilling the laudable purpose of UIM coverage. This multi-factorial approach avoids results between comparable fact patterns which confound fairness and reasoned justice.
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