Thursday, July 1, 2010

A Passenger is not an Operator of a Vehicle

In Kohl v. Amer. Tr. Ins. Co., the plaintiff, who was a passenger in a taxicab, was sued by a bicyclist who claimed that he was injured when the passenger opened the taxi’s door. At issue was whether the passenger was an insured under the taxi owner’s auto insurance policy. The Court of Appeals held that the policy’s coverage to those legally “operating” a vehicle “cannot be stretched to include a passenger’s riding in the car or opening the door.”

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