Legal Question in Insurance Law in California

insurance coverage dispute

my friend bought a truck on payments. the insurance policy he signed stated that his wife was not to drive as she was un licenced at the time. later after she has obtained a licence...they were off road in mendocino he had been drinking so his wife was driving...she rolled the truck...the insurance pointed to her not driving clause and didn't pay. he still has some years of payments left. has he any recorse?


Asked on 4/29/02, 3:34 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: insurance coverage dispute

Maybe. It depends on the exact wording of the exclusion since there are times that "emergencies" will constitute an implied exception. This exclusion is authorized by a California insurance statute, so research is necessary to answer the question.

But the finance company has a "blanket" policy covering property damage to its vehicles, since it is the legal owner. And it may be an additional insured under your policy and the exclusion may not apply to it.

Your friend has some options but his problem is somewhat complicated. He is probably better off if he contacts an insurance attorney.

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Answered on 4/30/02, 10:54 am


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