In this declaratory judgment action involving underinsured motorist coverage, the insurer sought a summary judgment that it had no duty to indemnify the insured. This case is Westfield Insurance Company v. Ken's Service and Mark Robbins, 815 N.W.2d 786 (Mich. Ct. App. 2012).

Robbins, an employee of Ken's Service, a tow truck company, went to assist a police officer in removing his car from a ditch. When he arrived at the scene, Robbins got out of his tow truck and connected the tow cables to the police vehicle. While he was operating the control levers positioned on the side of the tow truck, another driver (See) sideswiped the tow truck and collided with Robbins. Robbins suffered substantial injuries.

 The insurer for the driver paid its full $100,000 policy limits but Robbins sought additional compensation from Ken's Service's insurer, Westfield. The claim was based on underinsured motorist (UIM) coverage on the tow truck in the amount of $1,000,000. The policy agreed to pay UIM coverage for injury to an insured while occupying a covered auto; occupying was defined as "in, upon, getting in, on, out or off".