Family Member Expemption

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Hunter v. State Farm County Mutual Insurance Company of Texas, 2008 Tex. App. (Tex. App. — Fort Worth December 18, 2008, no pet.)(mem. op.) A minor child was injured in an auto accident while riding in a vehicle driven by her sister. She settled a liability claim against her sister, insured through the family policy. She also made a claim against the underinsured motorist coverage, which State Farm refused, so plaintiff filed suit. The trial court granted State Farm’s motion for summary judgment. The State Farm policy contained a family member exception. Exception is to definition of “uninsured motor vehicle.” It “does not include any vehicle or equipment: Owned by or furnished or available for the regular use of you or any family member.” Plaintiff argued exception violated public policy. The Fort Worth court, citing many cases, found the policy language did not contravene public policy.

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