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State Farm Mutual Automobile Insurance Co. v. Marley12/16/2004
ntain household exclusion clause and was not a "follow form" of the insured's automobile insurance policy, the household exclusion clause in the automobile policy did not apply to the umbrella coverage). The majority opinion chides Appellant for citing in its brief the case of Safeco Ins. Co. of Ill. v. Auto. Club Ins. Co., 31 P.3d 52 (Wash. Ct. App. 2001), which enforced a household exclusion clause in an umbrella policy. Ante at, (slip op. at 6-7). In fact, Appellant's point in citing the Washington case was to identify it as the only case so holding and to note that the court had prefaced its decision by mentioning that "the parties have cited no cases from other states that have addressed the question." 31 P.3d at 54. Appellant's brief at 28 n.8.
The majority of this Court is wont to cite the "reasonable expectations" of insureds in determining the validity of coverage exclusions. Esc., Nationwide Mut. Ins. Co. v. Hatfield, Ky., 122 S.W.3d 36, 43 (2003); Allstate Ins. Co. v. Dicke, 862 S.W.2d at 329. Of course, the majority has not done so in this case because Appellees could not have reasonably expected coverage since their policy contains a household exclusion clause that is valid under the law of Indiana where they reside, where they purchased the insurance, and where the insured vehicle is licensed and garaged. Sotirakis v. United Serv., 787 P.2d at 791 (" ssuming the insureds were aware of the family exclusion clause, it is unlikely that they expected the clause to be void when travelling in Nevada.").
For these reasons, I would reverse the Court of Appeals and reinstate the judgment of the Simpson Circuit Court. Accordingly, I dissent.
Johnstone, and Keller, JJ., join this dissenting opinion.
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