Strowmatt v. Sentry Insurance

Plaintiffs sought uninsured motorist coverage from insurer, stemming from an auto accident where Plaintiff's minor son was a passenger in a vehicle being driven by an uninsured motorist. Insurer denied Plaintiffs' claim, claiming that minor was not an insured under his father's policy, as it was a nonowner's policy that did not afford coverage to father's family members. Under family expense statute, the minor child's father was legally obligated to pay the medical expenses of his minor son. Although the injury was to the minor, the submitted claim was for father's own economic loss. As there was some question of fact as to whether minor was included as an insured under father's policy, court erred in granting judgment on the pleadings in favor of insurer. (CATES and WHARTON, concurring.)