Tow Truck Operator was "Occupying" Tow Truck While Loading Coworker's Flatbed Truck
In Lynn v. Westport Ins. Corp. (3rd Cir. (Pa.) Dec. 12, 2007), the court considered whether a tow truck operator, who was struck by the rear-view mirror of an on-coming vehicle while walking alongside his truck to assist his coworker in loading a disabled vehicle onto the coworker’s flatbed, was “occupying” the tow truck for purposes of qualifying for UM coverage. Applying the four-part test in Utica Mut. Ins. Co. v. Contrisciane, 473 A.2d 1005 (Pa.1984), the court held that the tow truck operator was “occupying” his vehicle, despite that he had determined the tow truck would be of no use, and that he was assisting his co-worker in loading the flatbed. The court found that the tow truck operator was only away from his tow truck and walking along the side of the road because of his duties as a tow truck driver, and that he was compelled by his duties as a tow truck driver to help his coworker load the disabled vehicle onto the flatbed truck before he could get back into his tow truck and leave the scene.
