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 Posted: Tue Mar 31, 2009 11:27 pm Post subject: If your husband signs an exclusion agreement (excluding our |
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| My son was driving my car and a company truck hit him. My company won't pay, because unknown to me my husband sign an exclusion agreement without my signature. Is that a binding contract without my signature? |
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suzangee
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| Posted: Tue Mar 31, 2009 11:44 pm Post subject: |
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| Who is the named insured on the policy? If he is alone, then it's binding. |
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tcope
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| Posted: Wed Apr 01, 2009 1:30 am Post subject: |
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By definition, most auto insurance policies state that both the husband and wife, if living in the same household, are each considered "named insureds." So, even if one of the married couple's names was not listed on the declarations page as a named insured, that "omitted" person would still be a named insured and would have the rights of same. Meaning that either the husband or wife can make changes to the contract and that both would have signatory authority which would be binding.
So, the short answer? There is a good possibility that his signature is binding, and the loss would be excluded under your policy.
However, you mentioned that he was
| Quote: | | driving my car and a company truck hit him. |
Should we assume that he wasn't at-fault? If it wasn't his fault, the other carrier still has to cover your loss regardless of whether your son was actually insured at that time. At most, if this is the case, your son will have his license suspended for driving without insurance and will more than likely be required to file proof of future financial responsibility by filing a form known as an "SR-22" with the state. In addition, depending on what state you live in, there could be repurcussions taken against the registered owner of the car.
That's a whole different discussion and should be handled separately.
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InsTeacher
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| Posted: Wed Apr 01, 2009 6:59 am Post subject: |
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If an excluded driver get into an accident and wishes to file claim under the collision coverage of the policy owner, would he then receive coverage? Okay the insurer would flat-out deny the liability issue if the excluded driver has caused damages to another motorist, but would the same law apply to the collision claim also?
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Gerald
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| Posted: Wed Apr 01, 2009 9:08 pm Post subject: |
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| Quote: | | If an excluded driver get into an accident and wishes to file claim under the collision coverage of the policy owner, would he then receive coverage? |
NO | Quote: | | Okay the insurer would flat-out deny the liability issue if the excluded driver has caused damages to another motorist, but would the same law apply to the collision claim also? |
You have it backwards..they most definately would deny the collision coverage, but 'may' cover the liability to protect their insured, but this too is doubtful and would depend on the state's statute..
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Lori
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| Posted: Thu Apr 02, 2009 3:57 am Post subject: |
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| Quote: | | You have it backwards..they most definately would deny the collision coverage, but 'may' cover the liability to protect their insured, but this too is doubtful and would depend on the state's statute.. |
So, even if the insured commits the mistake of allowing an excluded driver to drive his car the insurer would still cover the damages to protect his ar**. But wouldn't cover the losses caused to the insured's vehicle.Isn't it weird? I mean they may also deny to back their client on the liability issue as well since its the fault of the owner. Does the state law have a say in this regard?
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Gerald
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| Posted: Thu Apr 02, 2009 4:46 am Post subject: |
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The purpose of an EXCLUSION is to EXCLUDE coverage on the EXCLUDED driver.
The insurance company normally has good reason to exclude coverage on a particular driver, and will not routinely do so as it's described in so many of these threads. There is purpose for an exclusion. Rarely will a carrier simply exclude coverage on a child, for instance, just because the parent wants the exclusion. Commonly- there's a reason involved and also normally requires a fairly long-standing relationship between the carrier and the insured. I remember almost begging underwriters to accept an exclusion on certain drivers. Preferred risk carriers want the premium dollars, and will normally look at it on a "does the risk absolutely outweigh what we think we can get premium-wise in the long-run" basis.
Remember, preferred risk and most standard risk auto policies contain language, as Lori and others have pointed out, that insures anyone who drives the insured vehicle with permission (implied works sometimes, too. that gets kinda weird) and a valid driver's license. When you get into higher risk policies, you see a variance of language, and commonly see coverage language that will only extend protection to those drivers listed in the policy and for which a premium has been paid.
Finally, there is language within the physical damage section that will normally protect the lienholder for the damage to the vehicle caused by an uninsured driver. This was intended to protect the insured against the damages caused by, say, a thief. It applies here as well, but it only applies if there actually is a lienholder. So- no lienholder, no coverage. I suppose that could vary from state to state, too.
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InsTeacher
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| Posted: Thu Apr 02, 2009 10:20 am Post subject: |
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| Quote: | | So, even if the insured commits the mistake of allowing an excluded driver to drive his car the insurer would still cover the damages to protect his ar**. |
the only answer to that is well sometimes..it simply depends..I have denied both collision and pd when an excluded driver was operating the vehicle. what happens then? the innocent driver that our excluded driver damaged sues the insured who gets not rep from their company...think of it the same as if an insured commits an 'intentional' act..there is no coverage for either first or third party..that being said, there are some circumstances when the liability will be provided..
Exclusions really are state and company dependent as our esteemed 'teacher' has stated, in my state it's fairly common to exclude a 'problem' (meaning they'll cost an arm and leg) driver from a policy, ie teenagers, even a spouse with a bad driving record..but I've also known carriers that won't...it's really 'iffy'..at any rate...it would be an extreme roll of the dice to EVER allow an excluded driver behind the wheel.. | Quote: | | Does the state law have a say in this regard? |
Yes, I'm sure it does as well as the policy (and exclusion) language.
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Lori
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| Posted: Thu Apr 02, 2009 8:24 pm Post subject: insurance |
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| Tell me if I'm 'getting it'. Your husband put an Exclusion aqainst your somn AND you?..or, just the son. If this was the son's fault, and he has to pay for damages, does he pay out of pocket? Thsi sounds (almost) like he was driving without Insurance, but,..din't know that at the time. |
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sdchargersfan
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| Posted: Thu Apr 02, 2009 9:51 pm Post subject: |
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SD i think who was driving when the accident occured... | Quote: | | If this was the son's fault, and he has to pay for damages, does he pay out of pocket? |
yep and so do mom and dad.. | Quote: | | Thsi sounds (almost) like he was driving without Insurance, but,..din't know that at the time. |
he may or may not have known but dad most certainly did.
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Lori
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