Smitke v. Travelers Indemnity Co.

Rogosheske, Justice.

Appeal from a summary judgment denying coverage to plaintiff under an automobile liability insurance policy. Certain provisions of the basic policy designed to extend coverage for medical expense and for protection against an uninsured motorist to a “relative” of the named insured were made an integral part of the policy. Another provision defines “relative.” The question presented is whether such provisions, which exclude plaintiff, a son of the insured, because of his ownership of a private passenger automobile, are ambiguous or unreasonable and capricious in effect.

There…