State Farm Mutual Automobile Insurance Company v. Father James Kolb, Personal Representative of the Estate of Joyce Ann Stagdon

The defendant, Father James Kolb (“Kolb”), personal representative of the estate of Joyce Ann Stagdon (“Stagdon”), appeals a grant of summary judgment for the plaintiff, State Farm Mutual Automobile Insurance Co. (“State Farm”). State Farm brought this action seeking declaratory relief concerning its obligation pursuant to the uninsured motorist coverage in its automobile insurance policy covering the deceased, Joyce Stagdon. The district court held that the estate was not entitled to recover under the decedent’s State Farm uninsured motorist (“UM”) policy. We affirm.

I

FACTS AND PROCEEDINGS

In the early morning hours of January 26, 1986, Joyce Stagdon drove her vehicle off Badger Road, a rural road near Fairbanks, Alaska, and into a ditch. Steven and Donna Cox, driving along Badger Road, noticed Stagdon walking along the road and offered assistance. The temperature outside was twenty degrees below zero. Stagdon entered the Coxes’ vehicle, and they drove back to Stagdon’s car. With his vehicle remaining partly in the road, Mr. Cox power-winched Stagdon’s vehicle onto the shoulder of the road. A number of cars approached the scene, slowed, and had no difficulty passing the two…