Schwab v. State Farm Fire & Casualty Co.

HATHAWAY, Judge.

This is a case in which Cynthia Mary Schwab, the named insured under a policy issued by appellant, was killed while a passenger in her own vehicle driven by a permissive user. The surviving child of the named insured brought suit against the permissive user. Appellee, State Farm Insurance, denied coverage on the ground that the policy excluded coverage for bodily injuries to the named insured. Appellant sought a declaratory judgment that State Farm’s owner exclusion provision is invalid. This is an appeal from the lower court’s judgment upholding the exclusion.

Appellant…