November 25, 2019

The Supreme Court of New Hampshire has ruled that a man was not entitled to coverage under his automobile insurance policy for injuries he suffered when he was struck by an uninsured vehicle while walking to his parked car. The case is Lavoie v. Peninsula Ins. Cos, No. 2018-0711 (N.H. Nov. 8, 2019).

David Lavoie was walking toward his parked car after eating dinner to retrieve a tire that he had repaired at the request of a client, the person he had just finished eating dinner with, when he was hit by another car while crossing a street to reach his vehicle. He claimed that his auto insurance policy through The Pennsylvania Insurance Company (Pennsylvania Insurance) should cover his injuries because he was "occupying" his vehicle at the time of the accident. Pennsylvania Insurance denied the claim, and Lavoie sued. The trial court granted summary judgment in favor of Pennsylvania Insurance, agreeing that Lavoie was not "occupying" his vehicle at the time of the accident. The dispute went all the way to the Supreme Court of New Hampshire.