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Old Guard Insurance Co. v. Houck

Determination that insured was not entitled to underinsured motorist (UIM) benefits from her insurer affirmed; express terms of "household" exclusion clause precluded a claim for UIM benefits for injuries sustained by insured while occupying motorcycle owned by her but not insured under insurer's policy.

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� 1 Alma Houck (Appellant *fn1 ) appeals from the order granting Old Guard Insurance Company’s (Old Guard) motion for judgment on the pleadings in Old Guard’s declaratory judgment action against Appellant, an insured under an Old Guard automobile insurance policy. Appellant claims that the trial court erred in determining that she was not entitled to underinsured motorist (UIM) benefits under the Old Guard policy. For the following reasons, we affirm.

� 2 The facts of this case are as follows:

On or about September 26, 1999, David Houck was operating a 1980 Suzuki motorcycle with his wife, Alma Houck, riding as his passenger, when they were involved in an accident with a vehicle operated by Mary Rose. Ms. Rose allegedly crossed the center line and struck the Defendants’ motorcycle, causing serious injury to Defendants. Ms. Rose was insured under a personal automobile policy issued by Allstate Insurance Company (“Allstate”) with a $100,000 per person/$300,000 per accident policy limit. After an investigation into the incident, Allstate tendered its policy limit.

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