Thursday, October 17, 2019

Named Driver Exclusion Upheld to Exclude Automobile Insurance Coverage

In the case of Mid-Century Insurance v. French, No. 2:19-CV-00563-JDW (E.D. Pa. Sept. 12, 2019 Wolson, J.), the court ruled that a “named driver” exclusion that specifically listed the insureds’ son as an excluded driver under the insured's automobile insurance policy served to preclude coverage for that son in a lawsuit filed against him for a motor vehicle accident while he was driving his fiancé’s automobile. 

According to the Opinion, the carrier that covered the vehicle owned by the Defendant driver’s fiancé separately provided the Defendant driver with a defense.

The carrier in this matter, Mid-Century Insurance Company had issued an automobile insurance policy to the Defendant driver’s parents. 

That carrier filed a declaratory judgment action seeking a judicial declaration that it did not need to provide additional liability coverage for any claim arising out of the accident and asserted against the Defendant driver given that the policy had a named driver exclusion listing the son as being excluded from coverage. 

The court upheld the exclusion and issued a declaration that Mid-Century Insurance Company need not provide coverage in the underlying case presented.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

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