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- Title
NAMED DRIVER EXCLUSION DOES NOT BAR CLASS-ONE INSURED FROM UNINSURED MOTORIST BENEFITS UNDER AUTO POLICY UNLESS CONSEQUENCES ARE CLEARLY EXPRESSED TO POLICYHOLDER DURING APPLICATION PROCESS.
- Authors
Stempel, Jeffrey W.
- Abstract
This article deals with the decision of the New Mexico Supreme Court on the case Phoenix Indemnity Insurance Co. v. Pulis. Pulis couple Larry and Lynette filed an uninsured motorist claim against their policy with Phoenix for the death of their son on the theory that had the pick-up truck he used was insured. The liability of truck owner Donald Reese was taken into consideration. The trial court granted summary judgment to the insurer. The basis for the court's decision was the ambiguity created by providing coverages to the Pulis family without adequestely explaining the coverages to them in some circumstances.
- Subjects
ACTIONS &; defenses (Law); PULIS, Larry; PULIS, Lynette; PHOENIX Indemnity Insurance Co.; REESE, Donald; PICKUP trucks; TRAFFIC violations -- Cases; INSURANCE policies
- Publication
Journal of Risk & Insurance, 2001, Vol 68, Issue 1, p201
- ISSN
0022-4367
- Publication type
Article