BATCHELOR v. LIBERTY NAT. LIFE INS. CO.

78-361.

377 So.2d 939 (1979)

Archie R. BATCHELOR v. LIBERTY NATIONAL LIFE INSURANCE CO.

Supreme Court of Alabama.

November 30, 1979.


Attorney(s) appearing for the Case

Patrick M. Sigler and W. Gregory Hughes, Mobile, for appellant.

Joseph C. Sullivan, Sr. and Joseph C. Sullivan, Jr., Mobile, for appellee.


MADDOX, Justice.

The sole question to be decided in this case is whether the insured, who was repairing a flat tire at the time he was struck and killed by an oncoming automobile was "riding in an automobile on a public street or highway," and was therefore covered under the terms of an insurance policy. We hold that under the facts of this case, the insured was not covered and affirm the trial court's issuance of summary judgment in favor of the insurer. The pertinent...

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