Home Insurance Company v. Monaco

OPINION

DITTER, District Judge.

The question for determination in this diversity case is whether under Pennsylvania law an insurance policy’s specific denial of coverage for an insured’s wife also denies coverage for his widow. The matter, coming before me on cross-motions for summary judgment, involves an automobile liability policy which excludes a spouse residing in the same household as the insured from the benefits of bodily injury protection. Following the insured’s death, his widow claimed rights under this section of the policy. I conclude she has none.

On August 5, 1972, defendant Ann…