Summary Judgment Awarded to Reed Armstrong Client as to Uninsured Motorist Coverage

In January, Reed Armstrong partner, Michael J. Bedesky, obtained summary judgment for The Millers First Insurance Companies in an uninsured motorist coverage case. The named insured lived with his girlfriend and her son. The son subsequently was injured in a motor vehicle accident with an uninsured motorist. The son sought UM coverage against the Miller's policy, claiming he was the "foster child" of the named insured. The facts were that the insured raised and cared for the boy as his own. The term "foster child" was not defined in the Millers policy, and the son argued that the term was ambiguous, entitling him to coverage. However, the court found that the Millers policy language suggested that the term "foster child" meant that coverage was only available for those in a "legal relationship" to the insured. Since the insured had not been appointed the boy's guardian, and had not formally adopted the boy, no UM coverage was available. The case is pending plaintiff’s appeal.
   
© 2002 Reed, Armstrong, Gorman, Mudge & Morrissey