Can named insured make claim on his liability policy?
Named insured has friend drive his vehicle home because he has had too much to drink. Friend causes wreck. Can named insured make a liability claim on his own policy?
Answer: The rule is the same with regard to claims involving injury to the named insured as it is to family members. When the insurance companies exclude coverage it is usually for injury to the named insured or member of the household. Such an exclusion is invalid to the extent there is not minimum (25/50) coverage available from some source but valid to the extent there is. See: Nation v. State Farm Ins. Co., 1994 OK 54, 880 P.2d 877 (household resident exclusion). Gordon v. Gordon, 2002 OK 5, 41 P.3d 391 (household exclusion valid to extent claimant has minimum required coverage. Hartline v. Hartline, 2001 OK 15, 39 P.3d 765: Invalid to extent insured is denied minimum coverage from any source.
Posted on Thu, October 6, 2011
by Sharon Coleman filed under