by Guest » Wed Aug 01, 2012 08:11 pm
Father is named insured and her son is a named excluded driver on policy because he was a household resident. Son moved out of state and father never had son removed as named excluded driver.
Father picked up son at airport and asked son to drive home because father realized he forgot his driver's license. On way home, with son driving, they got carjacked and car was not recovered.
Insurance is denying comprehensive coverage saying son was excluded.
Can son be excluded even though he is not a household resident any longer? What if the policy doesn't reference residency and simply names him as an excluded driver?
Does it matter who is driving when a car is carjacked and the named insured is a passenger?
Father picked up son at airport and asked son to drive home because father realized he forgot his driver's license. On way home, with son driving, they got carjacked and car was not recovered.
Insurance is denying comprehensive coverage saying son was excluded.
Can son be excluded even though he is not a household resident any longer? What if the policy doesn't reference residency and simply names him as an excluded driver?
Does it matter who is driving when a car is carjacked and the named insured is a passenger?
Posted: Thu Aug 02, 2012 04:35 am Post Subject:
Can son be excluded even though he is not a household resident any longer?
Obviously he can... as he was.Does it matter who is driving when a car is carjacked and the named insured is a passenger?
I'd say this might be a slight grey area and perhaps some case law may address this situation. Personally, I'd say that the son was driving at the time and coverage is excluded when the son is driving.
Posted: Sat Aug 04, 2012 05:18 am Post Subject:
Personally, I'd say that the son was driving at the time and coverage is excluded when the son is driving.
I'm not entirely sure about this either.
Coverage for an excluded driver normally means there is no LIABILITY coverage on the vehicle. Comprehensive/other-than-collision is something else -- and a carjacking would be covered under comprehensive (as theft). Comprehensive coverage does not necessarily require anyone to be driving for a claim to be paid (would they not pay a claim if a deer ran into the car?).
Add your comment