Hulsey v. American Family Mutual Insurance

This is an uninsured motorist benefit case where the insurer attempts to avoid coverage based on a policy provision excluding resident relatives who own their own car. We conclude that using the exclusionary provision for this purpose is contrary to public policy. We affirm the trial court as to this facet of the appeal.

The facts are stipulated. Jill Hulsey was a passenger on a motorcycle driven by Robert Amaya when it was involved in a single vehicle accident resulting from Amaya’s negligence. Amaya had no liability insurance. Hulsey had in effect an insurance policy on an automobile she…