In what circumstances will a plaintiff be covered by a motor vehicle insurance policy if he is struck by a vehicle while fiddling with a bag of tire chains?

MultiRegion, United States of America

The following excerpt is from Mendoza v. Aetna Cas. & Sur. Co., Inc., 15 F.3d 1087 (9th Cir. 1994):

In Cocking v. State Farm, Cocking was standing from one to four feet behind a friend's volkswagen that he had borrowed, and was fiddling with a bag of tire chains which, due to bad weather conditions, were required to be mounted on the vehicle. An automobile driven by an uninsured motorist struck Cocking, throwing him against the volkswagen. 6 Cal.App.3d at 967. Although Cocking was not in physical contact with the volkswagen immediately prior to impact, the state appellate court found coverage under a policy with language similar to the present case.

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