Child Who Was In Utero At Time Of Accident May Collect Under UIM Policy

An unborn child in the thirty-eighth week of pregnancy was a “person” and therefore an “insured” entitled to coverage under the mother’s underinsured motorist coverage, a court held. The child, who was born six days after the accident and is now almost 7 years old, is a “person residing in the same household as you,” the court explained. The policy did not otherwise define “person” and one who is born alive is considered a person, so the ambiguity was resolved against the insurer. The case is Progressive Ins. Co. v. Bullock, 2006 WL 224119 (Ind.App. January 31, 2006).

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