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No-Fault Act Does Not Bar “Household Exclusion” in Personal Liability Umbrella Policy

In Bundul v. Travelers Indem. Co ., 2008 WL 2967007 (Minn.App.), the trustee of the heirs and next of kin of an automobile passenger, who was killed in an accident, brought a declaratory judgment action against the umbrella liability insurer for the automobile’s owners and driver, asserting that the policy’s “household exclusion” was void and unenforceable under the Minnesota Automobile Insurance No-Fault Act.

The insureds maintained a primary policy with limits that exceeded those required by law. The umbrella policy provided coverage of “$1,000,000 Per Occurrence,” but it also contained a “household exclusion”-for any injury to, or death of, “any person who is related by blood … to an ‘insured’ and who is a resident of the household of that person.”

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