Named Insured exclusion to UM
Owner and listed insured is a passenger in his own vehicle with at fault girlfriend driving his car,there is apparently an exclusion from the insurance co. stating that he can not make a liability claim under his policy and he has to make a UM claim, since it is now an uninsured situation.
Answer: Look atState Farm v. Wendt, 1985 OK 75, 708 P.2d 581: Policy excluding from definition of "uninsured motor vehicle" a vehicle defined in the policy as an insured motor vehicle was void where liability coverage was excluded by a "named insured" exclusion. I believe it involves your exact fact situation. The Supreme Court says: "The United States District Court for the Western District of Oklahoma certified to this Court the following question:
"Are provisions of insurance policies excluding the named insured, residents of the insured's household and the insured motor vehicle from uninsured motorist coverage in conflict with36 O.S.1984 Supp. § 3636and therefore void where the named insured is injured by the negligent acts of an uninsured permissive user/driver of the insured vehicle?"
Certified question answered in the affirmative. Once a person is insured under an uninsured motorist policy, subsequent exclusions inserted by the insurer in the policy which dilute and impermissibly limit uninsured motorist coverage are void as violative of the public policy espoused by36 O.S.1981 § 3636."
Posted on Thu, March 14, 2013
by Travis Law Office filed under