While occupying or when struck by any motor vehicle owned by you or any family member which is not insured for this coverage under this policy. This includes a trailer of any type used with that vehicle. Plaintiff, Alice R. Harper, administratrix of Mr. Harper's estate, brought a declaratory judgment action against defendant seeking UIM coverage under defendant's policy. The trial court granted plaintiff's motion for summary judgment and held that defendant's policy provided UIM coverage for Mr. Harper. From this judgment, defendant appeals.
Defendant assigns error to the trial court's order granting plaintiff's motion for summary judgment.
Defendant argues that the family member exclusion in the UM section of the policy is effective to exclude coverage for injuries sustained by Mr. Harper while riding a motorcycle owned by him which is not listed in the policy. Mr. Harper, as the named insured, is a member of the first class of persons insured as defined by N.C. Gen. Stat. Bass v. North Carolina Farm Bureau Mut. Defendant argues that the family member exclusion in its policy excludes UIM coverage for injuries sustained by the insured while occupying a vehicle owned by the insured which is not listed in the policy. North Carolina Farm Bureau Mut.