Salinas V. Employers Insurance Wausau (1970)

Under Mr. Frye’s automobile insurance policy’s definition of occupancy, Cameron was occupying the vehicle at the time of breaking his foot. A person is occupying a vehicle if they (A) have a relationship with the vehicle, and (B) have virtual contact with vehicle at the time of the accident. A. Cameron had a relationship with the vehicle by putting it on a jack and running it backwards by placing a concrete block on the gas pedal, and continuing to monitor the vehicle in the garage. An injured party needs to have a relationship or nexus exist between themselves and the insured vehicle at the time of the accident to have their injuries covered by the vehicle’s insurance policy. Salinas v. Econ. Fire & Cas. Co., 357 N.E.2d 556, 557 (Ill. App.
In Abrell v. Employers Insurance of Wausau, an employee and supervisor using the back of a van as a makeshift desk had a relationship with the van. 796 N.E.2d at 645. There was relationship with the van as a makeshift desk as they leaned into the van to retrieve papers and were working with the papers on the van’s bed. Id. As Lumbermen’s Mutual Casualty Company v. Norris implies, the insured does not even have to touch the interior of the vehicle to have a sufficient relationship. 303 N.E.2d 505, 506 (Ill. App. Ct. 1973). In Norris, a woman sitting on a fender who stood up and ran around the side of the car while touching the rear-view mirror was occupying the vehicle.
Thus, kicking the vehicle does not establish the necessary relationship with the insured vehicle. Similar to Abrell and Norris, Cameron had a relationship to the vehicle that was not for transportation purposes. Cameron and his friends had setup the vehicle in a manner to run on its own and were monitoring to see if the odometer would roll back. In assisting with putting the car on the jack, starting the vehicle, and placing a cement block on the gas pedal, Cameron would have touched at least the exterior of the vehicle like the woman in Norris. As such, Cameron had a relationship with the vehicle by putting it on a jack and running it backwards by placing a concrete block on the gas pedal, and continuing to monitor the vehicle in the garage. B. Cameron had virtual contact with the vehicle by monitoring the vehicle in the garage and kicking it repeatedly. An injured party needs to have actual or virtual contact between themselves and the insured vehicle at the time of the accident to have their injuries covered by the vehicle’s insurance