Fruchtman v. State Farm Mutual Automobile Insurance

Otis, Justice.

The plaintiff is a policyholder of defendant liability carrier who seeks a declaratory judgment construing an insurance contract containing a so- called “household exclusion.” The only issue is whether the trial court was correct in construing the following provision of the policy to hold the insurer liable:

“This policy does not apply * * *

“* * * to bodily injury to the insured or any member of the family of the insured residing in the same household as the insured.”

On November 26, 1958, plaintiff was driving an automobile insured by defendant in which his mother, Ann Fruchtman,…