tcope, here is the exact wording from the denial letter including parts from the policy regarding exclusions:
Quote:
Dear ____:
We have been advised that your vehicle was involved in an automobile accident on 00/00/0000. Our investigation has revealed that ___mother's name___ was operating your covered auto. Pursuant to your request, ___mother's name___ is listed as an excluded driver under the policy referenced above. The applicable policy language excluding coverage to this driver is under page 30 of your policy, the Named Driver Exclusion, which states:
If you have asked us to exclude any person from coverage under this Policy, then we will not provide coverage under any parts of this policy including Uninsured/Underinsured Motorist Coverage, for any claim arising from an accident or loss involving a covered vehicle or any other vehicle that occurs while it is being operated by the excluded person. THIS INCLUDES ANY CLAIM FOR DAMAGES MADE AGAINST YOU OR AN INSURED PERSON FOR AN ACCIDENT ARISING OUT OF THE OPERATION OR USE OF A COVERED VEHICLE BY THE EXCLUDED DRIVER."
As a result of the signed Driver Exclusion Agreement, coverage cannot be afforded and State National Insurance Company will be unable to make any voluntary payment or payments for any claim or claims you may present as a result of the above referenced accident
Further, the application for this auto policy, executed and signed by you on 00/00/0000, reads as follows:
Driver Exclusion Endorsement - California
This endorsement modifies your policy in the following way:
The policy shall not provide any insurance when any excluded driver is driving any automobile. It is hereby understood and agreed that the Company shall not be liable for loss, damage and/or liability caused while the automobile(s) described in the policy or any other automobile to which the terms of the policy are extended is being driven or operated by the following named person/persons:
Name: MOTHER'S NAME Date of birth: 00/00/0000
Relationship: mother
With that said, did we even need to exclude our mother in the first place as she did not have a valid drivers' license for the past 4+ years? She was not even a driver in the home in the first place. Does this have any weight on "Excluded Driver's" since the policy has been in effect?
Lori, we are still in the process of treatment/diagnostic for my mother and it seems like we will not have an official wording anytime soon. Also, mom and brother has no assets. Mom receives benefit from the state for her disability and brother is working P/T though.
Well that exclusion pretty much excludes coverage... period. Sorry.
Your mother needed to be excluded otherwise the policy would provide liability coverage to your mother and at least your brother if she were to drive the vehicle. To the insurance company is an unacceptable risk (she is not licensed to drive) so they would not have issued/renewed the policy without this exclusion.
IMHO- there is not much your brother can do in this situation. I feel for him.
Don't give up though...wait on the subrogation docs to come from the other carrier...the other carrier more than likely will call to get statements from your mom and/or brother...if you want to talk to the adjuster on their behalf, that would be fine, and plead their case...I personally would hold off signing any promisory notes etc...until I had climbed to the top of the subro dept in an attempt to get them to write it off...let us know when you hear from them...we'll be here to help in anyway we can. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
