Plaintiff's Lack of Proximity to Insured Vehicle During Car Crash Excludes Plaintiff from Coverage

A federal judge in West Virginia sided with an insurance company, finding it wasn’t required to cover a man who was severely injured after he was struck by a vehicle in the process of helping an unconscious motorist.

In the Sept. 27 opinion, authored by U.S. District Chief Judge Thomas S. Kleeh of the Northern District of West Virginia, the court granted Westfield National Insurance Co.’s motion for summary judgment and denied plaintiff Tyler J. Carroll’s, finding that Westfield wasn’t required to cover Carroll due to its policy limits regarding physical proximity to the insured vehicle.