This dispute concerns the estate of a pedestrian that claimed entitlement to medical payments under a motor vehicle policy issued by Cincinnati Insurance. The case is Estate of Richerson v. The Cincinnati Insurance Company, 264 P.3d 324 ( Mont. 2011). 

Richerson was injured when a concrete truck, owned by United Materials backed over him. Richerson was caught in the truck's differential or driveshaft and dragged several feet by the truck; he later died from his injuries. Richerson had no physical contact with or other connection to the truck prior to the accident.

 The estate requested medical payments under the auto policy issued by Cincinnati Insurance to United Materials but the insurer denied the claim. The insurer claimed that Richerson did not meet the definition of "occupying", as required by the policy wording, in that he was not in, upon, getting in, on, out, or off the vehicle at the time of the accident. The claimant argued that because Richerson was caught in and transported by the truck, he was upon it and therefore, was occupying the truck, qualifying him as an insured under the policy. The trial court agreed with the insurer and this appeal followed.