State Farm contends that the family exclusion clause has been repeatedly upheld, most recently in American Family Mut.
The trial court held the "family exclusion clause" violated the motor vehicle responsibility law and was therefore void. 1980).ĭonald tendered the defense of the third-party action to State Farm but the company refused to defend and filed this suit for declaratory judgment to ascertain its liability under the policy.
The third-party petition action was derivative from Margaret's cause of action for personal injury. Margaret filed suit against Miller for personal injuries and Miller filed a third-party petition against Donald seeking contribution and indemnification.
The accident occurred when the automobile driven by Donald collided with a John Deere tractor being driven by Bret Miller. At the time of the accident Donald and Margaret were married and were living together in the same household. The policy contained an exclusion to liability coverage for any bodily injury to any insured or any member of an insured's family residing in the insured's household. The policy identified the named insured as "Monday, Margaret and Donald." The policy identified the automobile which Donald was driving at the time of the accident as the insured vehicle. The automobile was covered by a policy of insurance issued by State Farm which afforded liability coverage for damages which an insured becomes legally liable to pay because of bodily injury and damages to the property of others. In October, 1989, Donald Monday was driving an automobile and his wife, Margaret, was a passenger. On this appeal State Farm contends the family exclusion clause is valid.
The court entered judgment in favor of the Mondays and Miller and found a family exclusion clause to be void. Other Municipal Actions: The consultant will develop a list of other affordable housing production options, including but not limited to use of municipal land or town purchase of land for development of affordable housing and transfer payments to service center communities to create affordable housing.ĪUGUST 22, 2022 Town Council overflow meeting if needed.State Farm Mutual Automobile Insurance Company brought suit for declaratory judgment against Donald Monday, his wife, Margaret, and Bret Miller for a declaration that State Farm was not obligated to defend Donald Monday under an automobile liability policy. Options should align with available affordable housing funding programs, reflect the limited amount of land available for development and ready availability of infrastructure.ī. Options should be wide ranging and potentially include affordable housing creation methods not currently in use in the Town. Land Use Changes: The consultant will develop a list of land use regulation options to align town development requirements with affordable housing targets.
Specific Housing Creation Goals: The consultant will draft specific affordable housing creation goals, which shall include a targeted total number of affordable housing homes to create over the next 10 years, and may also include types of housing, size of housing units (bedrooms), split of rental/ownership housing and range of affordability (50% - 120% of area median income).Ī.