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Shepherd v. Fregozo6/13/2005
no legislative action has been taken on this issue, it is clearly the intent of the legislature to allow government entities to be self-insured for liability and not insured for uninsured or underinsured claims. More recently, our supreme court wrote that "public policy is a matter for the General Assembly subject only to constitutional limitations on legislative authority." Murray v. Conseco, Inc., 795 N.E.2d 454, 457 (Ind.2003). Jackson's Farmers' policy is neither ambiguous nor contrary to statute. Our legislature has not revised either statute to make the exceptions in either the governmental entity's lack of uninsured or underinsured protection or the exceptions in Jackson's Farmers' policy against public policy.
Jackson v. Jones, 804 N.E.2d 155, 160-61 (Ind.App.2004).
As noted earlier, Shepherd asserts the same dilemma as the patrolman did in Jackson. Metropolitan Nashville does not provide uninsured or underinsured motorist coverage for patrolmen operating its fleet of patrol vehicles. Shepherd cannot prevail upon his personal vehicle insurer to extend to him uninsured motorist protection while he is driving an assigned patrol vehicle. He is, thus, trapped in what he correctly refers to as a "black hole." Like Jackson, however, his dilemma is legislative, not judicial. Since Tennessee is a less-than-broad coverage uninsured motorist state and the named insured has the unconditional statutory option to reject such coverage altogether, the "regular use" exclusion does not contravene public policy.
The judgment of the trial court is in all respects affirmed with costs of appeal assessed against the appellant, Dennis R. Shepherd, for which execution may issue. The case is remanded to the trial court for such other proceedings as may be necessary.
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