Insurance Claim Against Spouse for MVA
A husband and wife were in a wreck caused by the wife. He filed a claim and their insurance carrier said that since there is no UM, the husband is barred from making a claim. Other than State Farm v. Wendt, are there any other cases that I can site that allow the husband to make a liability claim?
Answer:The husband can make a liability claim to the extent of compulsory insurance law limits. State Farm v. Wendt would apply if there were UM coverage to allow a recovery under both liability and UM on the same policy. The cases you need are:Nation v. State Farm Ins. Co., 1994 OK 54, 880 P.2d 877 (household resident exclusion invalid).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 Wed, October 9, 2013
by Travis Law Office filed under