United Services Automobile Ass'n v. Gambino

MARTIN, Judge.

Plaintiff’s Appeal

Plaintiff contends that the trial court erred by concluding that Jack is a “covered person” under the terms of plaintiff’s policy on the ground that he is the Johnsons’ “foster child.” For the reasons set forth herein, we hold that summary judgment in favor of defendants was improper.

The policy issued by plaintiff provides in pertinent part that it provides UIM coverage to “covered persons.” For purposes of UIM coverage, the policy defines “covered person” as “[y]ou or any family member.” “Family member” is defined by the policy as “a person related to you by…