Orange v. State Farm Mutual Automobile Insurance Co.

REED, Judge.

This appeal presents a case of first impression. The sole issue is whether an injury to a viable unborn child of the insured is an injury to “a member of the family of the insured residing in the same household as the insured” within the operation of a “family” or “household” exclusion clause of an automobile liability insurance policy. The trial judge held that the unborn infant was within the excluded class; hence, no coverage was afforded by the liability policy. We affirm the trial court’s determination of the issue presented.

There is no dispute about the facts. Ap-pellee,…