Ross v. State Farm Mutual Automobile Insurance

Betty Ross had an accident in 1987 with an underinsured motorist (UIM) while driving her nonresident husband’s car as a substitute for her own. State Farm Mutual Automobile Insurance Company invoked "owned by” or "available for regular use of” exclusions in Mrs. Ross’s policy and denied her UIM claim on the basis her husband’s car, which was not insured under the policy, was both owned by her and her "spouse,” and available for her and his regular use. The Rosses filed suit, and on cross motions for summary judgment, the court determined Mrs. Ross had coverage: it found her nonresident…