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CHERRY v. TRUCK INS. EXCHANGE

No. 15714-4-II.

77 Wn. App. 557 (1995)

892 P.2d 768

ALLEN K. CHERRY, ET AL, Appellants, v. TRUCK INSURANCE EXCHANGE, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

April 20, 1995.

Attorney(s) appearing for the Case

Douglas Fredrick Foley and Bullivant, Houser, Bailey, Pendergrass & Hoffman, for appellants.

John Aden Barlow and Walstead Mertsching Husemoen Donaldson & Barlow, for respondents.

HOUGHTON, J.

Allen K. Cherry, an emergency service tow truck operator, was injured on a service call while helping an uninsured, stranded motorist. Cherry1 filed a lawsuit against the insurer of the emergency service tow truck, Truck Insurance Exchange (Exchange), seeking coverage under the underinsured motorist (UIM) provisions of the policy. On cross motions for summary judgment, the trial court concluded that Cherry was not "using"...

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