Recent state and federal decisions have confirmed that there has developed a split of authority in the state and federal trial and appellate courts over the validity and enforceability of the regular use exclusion. 

Most automobile insurance policies contain a regular use exclusion. That provision provides that coverage under that particular policy is excluded whenever the injured party was injured while in a vehicle that was regularly available for the use of the injured party but that was not covered by the insurance policy at issue. The basic rationale behind this exclusion is that a carrier should not have to provide coverage to an injured party where, unbeknownst to the carrier, the injured party regularly used another vehicle that was not covered under the carrier’s policy because the carrier was not paid a premium by the injured party to cover that risk.

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