 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Shepherd v. Fregozo6/13/2005
However, the court found that the employer had furnished the pick-up truck for the employee's regular use. Id. The court also found that the employee's policy contained a clause that excluded coverage for any non-owned automobile available for the regular and frequent use of the insured. Id. Although the employee argued that such an exclusion was in conflict with the holding of Howell, the court found that Howell would only apply when a person enjoys the status of an insured. Since the regular use of a non-owned vehicle was expressly excluded from coverage, the court found that the employee's insured status was never implicated. Id. Thus, the first circuit ruled that Howell was inapplicable and denied the employee's claim. Id.
Similarly, the plaintiff in this case is seeking to recover UM coverage on an insurance policy held on his personal automobile. Yet, the Farm Bureau policy liability and UM provisions both provide that the policy does not extend coverage to the insured's regular use of a non-owned vehicle. Like the first circuit in Dardar, we conclude that Howell is inapplicable to the case before us because the plaintiff never enjoyed the status of an insured under the Farm Bureau policy for the regular use of a non-owned automobile.
Further, this court has examined and ruled that regular use exclusions, such as provided in the policy at issue, do not violate public policy. See Sandoz v. State Farm Mut. Auto. Ins. Co., 620 So.2d 441 (La.App. 3 Cir.1993).3
3We are mindful that La.R.S. 22:1406(D) has been amended to, at least in some circumstances, legislatively overrule Howell. See Sandoz v. State Farm Mut. Auto. Ins. Co., 620 So.2d 441 (La.App. 3 Cir.1993).
St. Pierre v. Permanent General Assur., 829 So.2d 1185, 1188-89 (La.App.3 Cir. 2002).
Cases from other jurisdictions appear to divide on the construction and application of various uninsured motorist statutes. Generally, in those states where uninsured motorist statutes provide that such coverage is mandatory and the named insured has no option to reject uninsured motorist coverage, public policy mandates that the "regular use" exclusion is ineffective to deny coverage. Roby v. Illinois Founders' Ins. Co., 372 N.E.2d 1097 (Ill.App.1978); State Farm Mut. Auto. Ins. Co. v. Duran, 785 P.2d 570 (Ariz.1989).
The Duran case presents an excellent discussion of the public policy considerations involved when the uninsured motorist statute mandates coverage and allows the named insured no option to reject the coverage. Following very serious injuries in an automobile wreck, claim was made against several parties, including State Farm under its "use of other cars" uninsured motorist coverage. State Farm defended based on the "regular use" exclusion in its policy. Both the trial court and the court of appeals held that State Farm had no coverage because of the "regular use" exclusion. In reversing on public policy grounds, the Supreme Court of Arizona held:
At the time of the accident, underinsured coverage was mandatory. Legislation during 1981-1982 required insurers to provide:
overage for a person if the sum of the limits of liability under all bodily injury or death liability bonds and liability insurance policies applicable at the time of the accident is less than the total damages for bodily injury or death resulting from the accident. To the extent that the total damages exceed the total applicable liability limits, underinsurance motorist coverage provided in . . . this section is applicable to the difference.
Laws 1981, ch. 224, ยง 1; see also State Farm v. Wilson, 162 Ariz. 251, 782 P.2d 727 (Ariz.1989) (discussing the legislative develop
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|