Thomas v. State Farm Mutual Automobile Insurance Co., No. 11-0750, 2012 W. Va. LEXIS 729 (W. Va. Sup. Ct. Oct. 19, 2012)

(district court entered summary judgment for insurance company holding plaintiff could not recover underinsurance benefits from an automobile insurance policy when a car struck the decedent’s tractor because there was no reasonable expectation of coverage; plaintiff appealed arguing policy language should control rather than reasonable expectations doctrine and the “owned, but not insured” exclusion did not bar recovery; on appeal, the court held that the district court erred in holding a lack of reasonable expectations precluded coverage because the policy language was not ambiguous; but summary judgment was applicable because the exclusion did apply and did bar recovery under the policy; decedent owned the tractor he was driving when he was injured; summary judgment affirmed).