Miller v. Aetna Life & Casualty Co.

This case involves an exclusion to the underinsured motorist (UIM) coverage under a personal automobile policy. Aetna Life and Casualty Company appeals a summary judgment in favor of its insured, Patricia A. Miller. We hold the exclusion is void and affirm.

The facts are undisputed. On March 5, 1988, Lloyd Miller, while a pedestrian, was struck and killed by a vehicle owned by Distribution Trucking Company. At the time of the accident, Mr. and Mrs. Miller were insured under a personal automobile policy with Aetna which included UIM coverage. There was an exclusion to UIM coverage for any…