Court Rules Owner Dragged Beside Vehicle Not An Occupant

In D'Andrea v. Economical Mutual Insurance Company, 2022 ABCA 337, an insurance company, Economical, appealed a trial decision that awarded the insured plaintiff (the "Insured") coverage under her SEF 44 policy for being struck by her own vehicle that was in the process of being stolen.

The Insured was injured when she attempted to stop someone from stealing her car. She ran towards the car and leaned into the open window. She was dragged for about 40 feet before falling off. As the vehicle was being used without her consent, the Insured's coverage under her SEF 44 endorsement depended on her being "struck" by the vehicle while not being an "occupant".

The SEF 44 endorsement provided that "no person shall be entitled to indemnity or payment under this Policy who is an occupant of any automobile which is being used without the consent of the owner thereof". An "occupant" was defined in the policy as "a person driving, being carried in or upon or entering or