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Farmers Insurance Exchange v. Dotson3/18/1996 expansion of coverage.
Finally, the interest in avoiding disruption of the family unit by litigation may arise in the context of co-insureds, just as it may within a household. For example, a father could include his son on an insurance policy even though the father and son live in different households. By excluding household members under the policy, but not excluding co-insureds, intra-family litigation might occur that otherwise could be precluded.
The foregoing analysis indicates that it is the relationship between the parties, and not their status as household or family members, that is relevant in determining whether an insurance policy exclusion is invalid as against public policy. The fact that two individuals are both named insureds on the same policy is just as probative of a relationship where public policy sanctions exclusion as the fact that those individuals live in the same house or are related by blood or marriage.
Because Meyer does not apply to the facts of this case, and because considerations of public policy underlying the enactment of section 10-4-418(b)(2) apply equally to insurance policy provisions excluding co-insureds, I respectfully Dissent.
I am authorized to say that JUSTICE ERICKSON joins in this Dissent.
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