 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Medyanikov v. Continental Insurance Company8/29/2001
holding governs the outcome of plaintiffs' third assignment of error, and under that holding, the policy language attempting to create a family member exclusion from liability coverage is unenforceable.
In plaintiffs' second assignment of error, they argue that the trial court erred in declaring that there was no underinsured motorist coverage available for Dimitry under defendant's policy. Under the terms of the policy, the policy limits for underinsured motorist coverage are identical to the limits for liability coverage because of our holding on the liability coverage issue. Also, the policy provides that an "underinsured" vehicle "does not include any vehicle * * * wned or furnished or available for the regular use of a [named insured] or any family member." The Honda is owned by Lyubov, is a covered vehicle under the recently acquired vehicle clause of the policy, and has identical liability and underinsured motorist coverage limits. It is by definition not a covered, underinsured vehicle within the meaning of ORS 742.502(2)(a) and the policy. Consequently, the trial court did not err in granting summary judgment regarding plaintiffs' second assignment of error.
Summary judgment as to claim for liability benefits in excess of $25,000 reversed and remanded; otherwise affirmed.
Page 1 2 3 4 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|