Alaska Supreme Court
Chad Hahn, Appellant v. Geico Choice Insurance Company, Franklin Townsend and Blue Cross Blue Shield, Appellees.
May 11, 2018420 P.3d 1160
Summary
The court affirmed the superior court's determination that GEICO's declaratory judgment action was ripe and within the court's subject matter jurisdiction because Hahn's settlement demands and counterclaim made a UIM claim reasonably likely to mature. It also affirmed summary judgment for GEICO, holding that Hahn was not occupying Townsend's vehicle when he was briefly thrown onto it and therefore was not an insured under the UIM provision. The court further upheld dismissal of Hahn's claims against Townsend because Townsend was neither a real party in interest nor a necessary participant in the coverage dispute.