MO Court holds uninsured motorist exclusion unenforceable

Posted By Kansas City Personal Injury Attorney || 21-Sep-2011

Court holds uninsured motorist exclusion unenforceable against injured party

After a crash in Missouri caused by a driver who left the scene, an insured sought uninsured motorist coverage under the policies that covered his two cars, but not the motorcycle he was operating at the time of the crash (which was insured under a policy with another company). The policies for the two cars excluded uninsured motorist coverage if the insured was injured while operating a vehicle that was owned, but not insured, under the policy.

The Missouri Court of Appeals held that the exclusion was in conflict with the Motor Vehicle Financial Responsibility Law, under which uninsured motorist protection inures to an individual insured for bodily injury inflicted by the tortious act of an uninsured motorist, rather than to any particular vehicle. The court held that the exclusion was unenforceable up to the statutory minimum for uninsured motorist coverage ($25,000 per vehicle). Blumer v. Automobile Club Inter-Ins. Exchange, No. WD72753, --- S.W.3d ----, 2011 WL 1118686