Marroquin v. Mutual Benefit Insurance

FORD ELLIOTT, Judge:

This is an appeal from the order of January 17, 1990, granting appellee’s motion for summary judgment. Appellant argues that the trial court erred in finding that the “Family Car Exclusion” in a family member’s underinsurance motorist policy prohibits recovery by a resident family member where the tortfeasor is another resident family member covered by his own policy of liability insurance separate and distinct from the policy under which the underinsurance motorist benefits are claimed. We reverse and remand.

On January 19, 1989, appellant, Jose Luis Marroquin, was injured…