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Vehicle and Automobile Accidents
Vehicle and Automobile Accidents
District Court Holds that "Listed driver" Is Entitled to UIM Coverage
On September 10, 2008, in Horace Mann Insurance Company v. Alben, the District Court for the Western District of Pennsylvania (Schwab, J.) held that the "reasonable expectations of the insured" estops an insurance company from denying underinsured motorist (UIM) benefits to a person who is a "listed driver" on another person's (girlfriends) policy.
Robert Alben (Alben) was injured in an accident which occurred in Ohio. He was driving his employer's vehicle and then sought UIM coverage on his girlfriend's personal policy with Horace Mann because he was a "listed driver".
The Court initially holds that under the terms of the policy the "listed driver" is not automatically considered an "insured" or "covered person" to allow UIM coverage. However, then the court addresses the reasonable expectations of the insured and the recent statement of the Third Circuit standard in West v. Lincoln Ben. Life. Ins., 509 F.3d 160 (3d. cir. 2007) which offered a "synthesized standard [as] the truest statement of of Pennsylvania law" regarding the doctrine of reasonable expectations.
Applying the standard the Court notes that the insurer must demonstrate by clear and convincing evidence that the insured did not have a reasonable expectation of coverage. Based upon this standard and the facts of the case, particularly the fact that everyone involved testified that they all thought that by adding Alben to the policy as a listed driver he would be fully covered, the Court finds that the "listed driver" who was injured in his employers vehicle at the time of the accident is entitled to UIM coverage on his girlfriend's personal policy.
Thanks to Scott Cooper, Esquire for this information.
Robert Alben (Alben) was injured in an accident which occurred in Ohio. He was driving his employer's vehicle and then sought UIM coverage on his girlfriend's personal policy with Horace Mann because he was a "listed driver".
The Court initially holds that under the terms of the policy the "listed driver" is not automatically considered an "insured" or "covered person" to allow UIM coverage. However, then the court addresses the reasonable expectations of the insured and the recent statement of the Third Circuit standard in West v. Lincoln Ben. Life. Ins., 509 F.3d 160 (3d. cir. 2007) which offered a "synthesized standard [as] the truest statement of of Pennsylvania law" regarding the doctrine of reasonable expectations.
Applying the standard the Court notes that the insurer must demonstrate by clear and convincing evidence that the insured did not have a reasonable expectation of coverage. Based upon this standard and the facts of the case, particularly the fact that everyone involved testified that they all thought that by adding Alben to the policy as a listed driver he would be fully covered, the Court finds that the "listed driver" who was injured in his employers vehicle at the time of the accident is entitled to UIM coverage on his girlfriend's personal policy.
Thanks to Scott Cooper, Esquire for this information.
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