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Shepherd v. Fregozo6/13/2005
ment of UIM). Under present laws, insurers must make a mandatory offer of UIM, rather than provide mandatory coverage. See generally A.R.S. ยง 20-259.01.
State Farm Mut. Auto Ins. Co. v. Duran, 785 P.2d 570, 572 (Ariz.1989).
After reasserting previous holdings indicative of Arizona's status as a "broad coverage" jurisdiction, the court held:
At the time of the accident in question, UIM coverage was mandatory. Public policy then and now precludes an insurer from voiding coverage by an exclusion not permitted by the statute. See Higgins, 160 Ariz. at 21-22, 770 P.2d at 325-26 ("other vehicle" exclusion void as to UIM); McKeon, 159 Ariz. at 112-13, 765 P.2d at 515-16 ("named driver" exclusion void as to UM); Calvert, 144 Ariz. at 297, 697 P.2d at 690 ("other vehicle" exclusion void as to UM); see also Bartning v. State Farm Fire and Casualty Co., 162 Ariz. 344, 346, 783 P.2d 790, 792 (Ariz.1989) (public policy mandates that UM coverage be territorially coextensive with liability coverage); Spain v. Valley Forge Ins. Co., 152 Ariz. 189, 194, 731 P.2d 84, 88 (1986) (invalidating an offset provision reducing amount payable under UM coverage by amounts paid under liability coverage).
There is no statute which permits the exclusion of underinsured coverage for vehicles furnished for an insured's regular use. Accordingly, we hold that the "furnished for regular use" exclusion in the UIM coverage is void as against public policy.
State Farm Mut. Auto. Ins. Co. v. Duran, 785 P.2d 570, 572-73 (Ariz.1989).
In Roby v. Illinois Founders Ins. Co., 372 N.E.2d 1097 (Ill.App.Ct.1978), the defendant maintained that since the uninsured motorist provision of the Illinois statute did not specify that parties could not limit coverage by agreement, that such limitations as contained in the "regular use" exclusion should be upheld. In rejecting this contention, the court said:
Specifically, section 143a(1) of the Illinois Insurance Code (Ill.Rev.Stat.1971, ch. 73, par. 755a(1)) provides that no automobile liability insurance policy shall be issued in this State unless coverage is provided therein in limits set forth in section 7-203 of the Illinois Vehicle Code (Ill.Rev.Stat.1971, ch. 95", par. 7-203) ($10,000 per person, $20,000 per accident) against damages caused by uninsured motorists. Public policy expressed by this statute is that the insured be provided coverage which would compensate him in the event of injury by an uninsured motorist, to at least the same extent as had he been injured by a motorist who was insured, in compliance with the Illinois Safety Responsibility Law (Ill.Rev.Stat.1971, ch. 95", par. 7-100 et seq.), formerly Financial Responsibility Law (Ill.Rev.Stat.1969, ch. 95", par. 7A-101 et seq.). Barnes v. Powell (1971), 49 Ill.2d 449, 452-53, 275 N.E.2d 377, 379; Ullman v. Wolverine Insurance Co. (1970), 48 Ill.2d 1, 4, 269 N.E.2d 295, 297.
The recent case of Squire v. Economy Fire & Casualty Co. (1977), 69 Ill.2d 167, 13 Ill.Dec.17, 370 N.E.2d 1044 again adopted an expansive interpretation of section 143a and is controlling herein.
The court, in Squire, discussed Doxtater v. State Farm Mutual Automobile Insurance Co. (1972), 8 Ill.App.3d 547, 290 N.E.2d 284, in which the insured was struck by an uninsured motorist while riding his motorcycle which was not listed in his policy of insurance. His policy provided an exclusion, similar to the one in Squire and the case at bar, which would have barred recovery. The Doxtater court held that the exclusion conflicted with the underlying purpose of section 143a and was rendered unenforceable by the provisions of section 442. The Squire court, citing Doxtater
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