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Berkshire Homestate denied uninsured motorist coverage in hit-and-run case
The Eighth Circuit said the worker was not an “insured” because she was neither in nor getting into the company Honda Odyssey at the time of the crash.
Berkshire Hathaway Homestate Insurance Company did not have to provide uninsured motorist benefits to an employee injured in a Minneapolis hit-and-run, after the Eighth Circuit affirmed a lower court ruling filed August 20, 2026.
According to Insurance Business, the worker parked an employer owned 2008 Honda Odyssey operated by 2nd Home Childcare and walked across the street to a market, then was struck while heading back to the van.
The court focused on policy wording, Insurance Business reported. The “Named Insured” was 2nd Home Childcare, and the policy defined an “insured” as someone “occupying” the covered auto, with “occupying” limited to being “in, upon, getting in, on, out or off.”
On appeal, the worker dropped an argument that she was in the act of getting into the vehicle when hit, and instead argued Minnesota law should allow recovery based on “use” of the vehicle. The panel rejected that approach, saying there was no basis to expand coverage beyond what the policy required and contracted for, because the injury involved a pedestrian in the road rather than an insured occupying the covered auto.