The Illinois Supreme Court has determined the “named driver exclusion” contained in uninsured/ underinsured motorist (UM/UIM) auto insurance policies is invalid for violation of the state’s mandatory insurance requirements and public policy where the exclusion bars coverage for the named insured. Unfortunately, the exclusion still stands for motorists in Florida.
The named driver exclusion (also sometimes referred to as the “designated persons coverage exclusion”) can make it very difficult for certain plaintiffs to obtain insurance coverage for their injuries. In general, it is an endorsement added to an insurance policy stating that a specifically named individual with access to your insured vehicle will NOT be covered by the insurance provider to drive the insured vehicle. That means the vehicle’s liability insurance or UM/UIM coverage will not cover a crash if that driver is operating the insured car. Instead, what usually happens is the driver and the owner of the vehicle who allowed that excluded individual form the policy CAN be held liable for damages the at-fault driver caused.
You can see where this would create major problems, not just for the excluded driver, but the insured who allowed that driver behind the wheel and anyone else involved in a crash with them. Pursuing a claim for damages directly against those involved – without insurance coverage – is a tall task because even if you win, there may be slim chances you’ll actually collect those damages. It can leave innocent motorists without remedy for their injuries. Continue reading →