Out of State Policy Less than Minimum
My client was injured in a car wreck in OKC. The at-fault driver has a NevadaFarmers policy with that state's minimum limits of $15K which is all Farmers has offered. I’m looking for authority to support the position that since the accident happened in OK, Farmers must honor our states minimum limits of $25K?
Answer: The Farmers specimen policy I keep at my desk has a provision under the heading “Out of State Coverage” which provides: “An insured person may become subject to the financial responsibility law, compulsory insurance law or similar law of another state or in Canada. This can happen because of ownership, maintenance or use of your insured car when you travel outside of Oklahoma. We will interpret this policy to provide any broader coverage required by those laws, except to the extent that other liability insurance applies. No person may collect more than once for the same elements of loss.” I’d be shocked if the Nevada policy doesn’t have the same sort of provision. I don’t think it’s so much a matter of legal authority as what the policy says.
Posted on Thu, May 12, 2011
by Sharon Coleman filed under