finding the so-called “household exclusion” enforceable
How later courts described this case
- finding the so-called “household exclusion” enforceable
- upholding household exclusion clause on freedom of contract grounds
- upholding household exclusion clause
Written by the judges who cited it.
The opinion
Petition for Rehearing
Buchanan, P.J.
The Appellees rightfully point out that in our opinion 1 there are references to Claimant Brett L. Hanley as a tort-feasor. He was not a tort-feasor. Rather he was a passenger in a car driven by his tort-feasor brother, Allen, as clearly appears in the statement of facts.
Our inadvertent reference to Brett as a tort feasor has no effect whatsoever on our conclusion that the household exclusion clause operated to exclude Brett from uninsured motorist coverage.
Petition for Rehearing denied.
White, and Lowdermilk, JJ. (by designation), concur.
Note. — Reported at 360 N.E.2d 247 .
. United Farm Bureau Mut. Ins. Co. v. Hanley (1977), 172 Ind. App. 329, 333 , 360 N.E.2d 247, 249-50 .