Summary Judgment Entered for UIM Carrier Where Plaintiff Did Not Fall Under Definition of a "Covered" Person

In the non-precedential decision in the case of Miller v. USAA General Ind. Co., No. 23-1934 (3d Cir. Jan. 2025 Chagares, C.J., Chung, J., and Fisher, J.) (Op. by Fisher, J.), the court affirmed summary judgment that had been granted by Judge Christopher C. Conner of the Federal Middle District Court in favor of the carrier in a UIM case.

According to the Opinion, a UIM Plaintiff sought coverage under a policy that was issued to the grandmother of the Claimant’s daughter. Both the Claimant and the daughter were living with the grandmother at the time of the accident.

The grandmother was the only named insured on the policy. The Claimant and the grandmother were not related by blood, marriage, or adoption.

The Claimant argued that her daughter was a named insured because she was listed as an “operator” on the declarations page for the applicable policy and that, therefore, the Claimant also qualified as an insured under that policy.

The Claimant additionally argued that the limitation of UIM coverage to the named insured and family members of the named insured, as defined by the policy, violated the Pennsylvania Motor Vehicle Financial Responsibility Law and the related stacking provisions. In this case, the Claimant invoked the case of Gallagher v. Geico and its precedent.

The Third Circuit Court of Appeals dismissed the Claimant’s arguments. The Third Circuit confirmed that the Claimant did not qualify as an insured under the policy and that, therefore, no UIM benefits were owed to the Claimant.