Nationwide Mutual Insurance v. Roth

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In this appeal we consider the validity of a household exclusion clause in an automobile insurance policy issued by Appellee Nationwide Mutual Insurance Company (Nationwide). If the clause is valid, then Appellant Kenneth L. Roth cannot recover the stacked limits of the underinsured motorist (UIM) benefits allowed by the policy.

I

Roth was severely injured in an accident on June 22, 2002 while operating his motorcycle, which was insured under Nationwide Policy No. 58 37 C 853255 (motorcycle policy). After Nationwide paid Roth $50,000 in UIM benefits…