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State Farm Mutual Automobile Insurance Company v. Foley8/20/2002
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
This case arises out of a declaratory judgment action in which the trial court granted summary judgment for plaintiff. The underlying facts are as follows: Patricia and David Foley were married and lived in Union Bridge, Maryland. Prior to her marriage, Mrs. Foley contacted State Farm Mutual Automobile Insurance Company (State Farm) and purchased policy number 2855680-C25-20C for her personal car. Due to Mr. Foley's poor driving record, Mrs. Foley included a driver exclusion endorsement (the endorsement) in her policy, which stated: REQUEST FOR TOTAL DRIVER EXCLUSION ENDORSEMENT
This is to certify that I have been informed of an increase in premium because of the claim experience of one or more of the persons insured under the policy(s), and of my rights under Section 240C-1(a) of Article 48A of the Annotated Code of Maryland to have the person(s) excluded from coverage. I therefore request termination of the policy as of the effective date of agreement and apply for a new policy to be issued on the above described automobile.
I understand the new policy(s) will include the following endorsement:
IN CONSIDERATION OF THE PREMIUM CHARGED FOR YOUR POLICY, IT IS AGREED THAT:
1. UNDER COVERAGE P, U, AND S THERE IS NO COVERAGE FOR BODILY INJURY TO
a. THE NAMED EXCLUDED DRIVER(S);
b. THE VEHICLE OWNER;
c. FAMILY MEMBERS RESIDING IN THE HOUSEHOLD OF THE EXCLUDED OPERATOR OR USER OR VEHICLE OWNER; OR
d. ANY OTHER PERSON. This does not apply to personal injury protection and uninsured motor vehicle coverages if such coverage is not available to such person under any other automobile policy; AND
2. UNDER ALL OTHER COVERAGES WE SHALL NOT BE LIABLE AND NO LIABILITY OR OBLIGATION OF ANY KIND SHALL ATTACH TO US FOR LOSS OR DAMAGE
WHILE ANY MOTOR VEHICLE IS OPERATED BY
David Foley, Jr.
(Named Excluded Driver(s))
WHETHER OR NOT THAT OPERATION OR USE WITH THE EXPRESS OR IMPLIED PERMISSION OF A PERSON INSURED UNDER YOUR POLICY.
I further agree to the inclusion of the above endorsement in any subsequent transfer, reinstatement, or renewal of such policy orpolicies to be issued.
Witness ________ Signed Patricia J. Mohr
Date 3/27/87
From 1987 onward, the policy (with the endorsement) was repeatedly renewed in Maryland and was in effect in February 1996.
In February 1996, the Foleys came to North Carolina on business. In the final hour of 27 February or the first hour of 28 February, the Foleys were travelling south on U.S. Highway 421 from Wrightsville Beach to a condominium at Carolina Beach. Mr. Foley was driving his wife's 1992 Isuzu (the vehicle insured by the State Farm policy), and Mrs. Foley was in the front passenger seat. As Mr. Foley attempted to turn left into a private drive, he collided with a Kure Beach police car driven by Officer Andrew Lee Everhart. Mrs. Foley was injured in the accident.
On 16 March 1999, Mrs. Foley filed a complaint against the Town of Kure Beach, the Town of Carolina Beach, Officer Everhart, and Mr. Foley, alleging her injuries were proximately caused by either the singular or concurrent negligence of Mr. Foley and Officer Everhart. For his part, Mr. Fol
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