Newkirk v. United Services Automobile Ass'n

CIRILLO, President Judge:

The issue presented in this appeal is whether a “class one” beneficiary, 1 who was injured in a motor vehicle accident involving only the insured’s vehicle, is precluded from recovering both liability and underinsured motorist coverage under an automobile insurance policy which excludes family-owned vehicles from the definition of underinsured vehicles.

Appellant, Sandra C. Newkirk, was riding as a passenger in a car owned and operated by her husband, Charles Newkirk, when her husband lost control of the car. The car went off the roadway and struck three tree trunks.…