Goldstein v. Grinnell Select Insurance Company

Executor of decedent's estate appeals from order denying her motion for summary judgment and granting summary judgment to Defendant insurer in declaratory judgment action. Decedent was riding his riding lawnmower on public street when he was rear-ended by a pickup truck whose driver was insured with policy limits of $30,000. Decedent was insured under auto policy with underinsured motorist liability limits of $100,000 per person, and also under auto policy with Defendant insurer with single underinsured-motorist liability limits of $1 million per accident. Defendant insurer denied coverage under policy exclusion for owned vehicle in underinsured-motorist coverage. The 1995 amendment of Section 143a of Insurance Code allows insurers to exclude unnamed owned vehicles from uninsured-motorist coverage. As underinsured motorist coverage is another form of uninsured motorist coverage, there is no rational basis to reach a different result in context of underinsured-motorist statute. Riding lawnmowers fit within definition of vehicle and motor vehicle in Vehicle Code,  and are not among exceptions listed in either definition.(ROCHFORD and DELORT, concurring.)