The Northern District of West Virginia ruled in favor of an insurer claiming it did not have to pay the policy limits under a business auto policy to a man injured while using an insured vehicle. The case is Carroll v. Westfield Nat'l Ins. Co., 2023 U.S. Dist. LEXIS 173222 (N.D.W.V. 2023). 

Tyler Carroll and one of his co-workers were returning to their home base in a work van one night when a pickup truck going the opposite direction barrel-rolled across the median and almost hit their van. Carroll stopped the van and went to help the other driver, who was unconscious. A few minutes later, another vehicle approached the scene at a high speed and collided with the wrecked truck and Carroll, who was launched into the median. Carroll's injuries included fractures to his skull, both arms, and both legs. Carroll's left leg was so badly broken it had to be amputated above his knee. 

The van Carroll had been driving was insured by his employer, West Virginia Heating and Plumbing, through a business auto policy from Westfield. The truck driver had an auto policy with State Farm and was deemed underinsured. The driver of the vehicle causing the secondary accident was uninsured. The truck driver's insurer paid its $25,000 policy limit. The Westfield policy had a $1 million per accident liability limit, $300,000 each for UM and UIM coverage per accident, and commercial excess liability limits for $2 million; there was no additional coverage for either UM or UIM benefits. Westfield paid Carroll the $300,000 limit for both UM and UIM coverage.