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Case Law Update: Uninsured Motorist Vehicle Coverage

The recent decision of Clayton v. Millers First Insurance Companies No. 5-07-0061 (July 25, 2008) declared that an earlier trial court decision was erroneous when summary judgment for the Defendant insurance carrier was granted. The trial court decision wrongfully declared that a minor plaintiff who resides with the named insurance holder for several years did not qualify as a member of the named insured’s household. The recent decision clarified that the trial court’s definition of member of household was inadequate since it did not include wards or foster children. As personal injury lawsuits often overlap with lawsuits by insurance companies this new decision may help many insured plaintiff’s who have custody of foster children or wards of the state.