Robson v. Allstate Ins. Co

In Robson v. Allstate Ins. Co. (2001), Delaware App. No. 01CAE03007, 2001 Ohio App, the appellant was injured in an automobile operated by his wife. He argued that the intra-family exclusion in his policy rendered his wife an uninsured motorist, thus entitling him to uninsured motorist coverage under the policy. Robson at 2. The Fifth District Court of Appeals concluded that the policy clearly and unambiguously stated that an uninsured motor vehicle does not include a motor vehicle owned or available for the regular use of a spouse or resident relative. Id. Therefore, because the appellant was injured while occupying a vehicle that was available for the regular use of his spouse, he could not recover under the policy because the vehicle did not meet the definition of an uninsured motor vehicle. Id.