Safe Auto Ins. Co. v. Oriental-Guillermo, 170 A.3d 1170, 2017 Pa. Super. LEXIS 711, 2017 PA Super. 297

Baby you can drive my car – but you better have your own insurance.

The owner of the car lived with his girlfriend, who was not specifically listed as a driver on his car insurance policy (and not a resident relative). The girlfriend did not own a vehicle or have an insurance policy of her own. The girlfriend, while driving her boyfriend’s car, was involved in a motor vehicle collision. She then sought coverage under the boyfriend’s policy. The court found that the insurer had no duty to defend or indemnify the girlfriend in the appellant’s personal injury lawsuit. The appellant argued it went against public policy, among other things. The court held that the owner of the vehicle chose not to purchase insurance for his girlfriend, and therefore, the insurance company was not required to provide insurance. The court determined the insured was in a better position than the insurance company to identify the persons who would drive his vehicle and the policy implications of the named driver exclusion are consistent with the policy implications of the Unlisted Resident Driver Exclusion.


Case Law Alerts, 1st Quarter, January 2019

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