Can Wife Recover Liability and UIM?
If husband is driving and wife is injured through his fault, can wife (a named insured on their policy) recover full amount of LIABILITY policy and full amount of UIM policy as well?
Answer: She should be able to recover both. See: Heavner v. Farmers, 1983 OK 51, 663 P.2d 730 and State Farm v. Wendt, 1985 OK 75, 708 P.2d 581. If there is a household exclusion (eliminating coverage if the injured person is the named insured or member of the household) the insurance company may argue that the exclusion is invalid only to the extent there is no coverage available to the wife so that she can recover up to $25,000 from one or the other of liability or UM, but not both. See as an example of this argument Justice Opala’s concurring opinion in Nation v. State Farm Ins. Co., 1994 OK 54, 880 P.2d 877. However, the other justices did not go along and I think the insurance company has its work cut out for it selling this theory to the present court.
Posted on Mon, August 24, 2009
by Sharon Coleman filed under