Swarner v. Mutual Benefit Group

OPINION BY BOWES, J.:

Rebecca Swarner commenced this declaratory judgment action against her automobile insurance carrier, Mutual Benefit Group d/b/a/ Mutual Benefit Insurance Co. (“Mutual Benefit”) to determine whether the household exclusion was applicable on largely stipulated facts to preclude under-insured motorists (“UIM”) benefits under that policy. Following discovery, both parties filed motions for summary judgment. The trial court granted summary judgment in favor of Mutual Benefit based on the household exclusion. After careful review, we find the exclusion inapplicable on the facts…