On May 1, 1984, 15-year-old Lynda Sue Frazier was killed in a high-speed chase with police while riding with friend and classmate Herbert J. Houston in a vehicle that, unbeknownst to her or her mother, was stolen. The vehicle had no insurance coverage, and her mother’s policy excluded coverage for vehicles used without the owner’s permission. However, because of a well-settled principle of law observed by many states around the country, her parents were able to recover under her father’s uninsured motorist policy.

Perhaps in response to this well-settled principle, insurance carriers have developed new policy language that has yet to be litigated in Pennsylvania courts. However, if the growing litigation around the country is any indication, when this new language inevitably hits the Pennsylvania courts, recovery in cases like this will no longer be available.

‘Resident of the Household’

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