669 S.W.2d 281 | Mo. Ct. App. | 1984
The trial court granted defendant insurance companies, State Farm Mutual Insurance Company (State Farm) and MFA Mutual Insurance Company (MFA) summary judgment on plaintiffs’ petition. The petition sought insurance coverage for injuries plaintiff Elsie Hoerath sustained in an automobile accident. Plaintiff Ernestine Hoerath, Elsie’s mother, sought compensation for Elsie’s medical expenses and loss of her services and wages.
Elsie was injured on October 23, 1977, while she was a passenger in a Pinto automobile owned by both plaintiffs. Elsie’s friend, defendant Kenneth McMahan, was driving the Pinto.
Defendant MFA insured an automobile owned by McMahan’s mother. She was the named insured, and, although by its terms the policy covered her spouse, if any, the coverage did not include the insured’s minor son when, as here, he was driving a non-owned vehicle. There is no indication that Kenneth McMahan owned an automobile.
Plaintiffs first contend that the trial court erred in granting State Farm summary judgment in that plaintiffs were covered under the policy’s provisions for the liability of the “driver of an uninsured motor vehicle,” i.e. McMahan. According to plaintiffs, because they were excluded from coverage under the household exclusion and McMahan was not insured under
Plaintiffs also claim, in the alternative, that MFA was improperly granted summary judgment because public policy requires McMahan’s mother’s MFA policy to cover her minor son. He is not insured under the language of the policy when driving a non-owned vehicle,
Summary judgment for State Farm and MFA is affirmed.
.A second vehicle was involved in the collision. It was operated by defendant Sparks and insured by American Family Insurance Company. Separate counts against the drivers of both vehicles are not involved in this appeal. The trial court designated its judgments in favor of defendant insurance companies as final and ap-pealable. Rule 81.06.
. All statutory references are to RSMo 1978.
. The clause reads as follows: “THERE IS NO COVERAGE FOR ANY BODILY INJURY TO ANY INSURED OR ANY MEMBER OF AN INSURED’S FAMILY RESIDING IN THE INSURED'S HOUSEHOLD." (emphasis in original).
. Had McMahon’s mother, through her son, been "actually using” the non-owned vehicle the MFA policy would have applied. This was not so here.