Mayo v. State Farm Mutual Automobile Insurance Co.

h COOKS, J.,

dissents.

The issue presented is whether the law precludes Melissa Mayo from recovering under her own UM policy for her injuries and for the wrongful death of her child when she was riding as a guest passenger *976in an automobile owned solely by her husband. It is undisputed if Melissa Mayo were riding in a car owned by an unrelated third party, who was underinsured, she would be allowed to recover under her own UM policy. Likewise if she were involved in an accident in her own vehicle (a Geo Spectrum) and the tortfeasor was underin-sured, she would be allowed to recover under the UM…