Superior Court Rules Unlisted Resident Driver Exclusion Is OK
A policy issued by Safe Auto Insurance Co. that excluded coverage for non-family members who live with the vehicle owner but were not specifically included in the policy is enforceable under the state's Motor Vehicle Financial Responsibility Law, the Pennsylvania Superior Court has ruled.
September 22, 2017 at 03:28 PM
4 minute read
A policy issued by Safe Auto Insurance Co. that excluded coverage for non-family members who live with the vehicle owner but were not specifically included in the policy is enforceable under the state's Motor Vehicle Financial Responsibility Law, the Pennsylvania Superior Court has ruled.
A split three-judge panel of the court ruled in Safe Auto Insurance v. Oriental-Guillermo that the policy was in line with the MVFRL because that statute places the burden of making sure a driver is insured on the vehicle-owner, and not the insurance companies.
The case stemmed from a two-car accident involving one woman who was driving the vehicle of the boyfriend she lived with. A passenger injured in the accident sought recovery against the driver, but Safe Auto pursued a declaratory judgment action to determine whether it had to pay out on the policy.
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