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Car Insurance Question  Spouse with poor driving record. Can I do a named driver exclusion from auto policy in Tennessee?

Insurance companies’ guidelines vary however you should be able to find an insurance company in Tennessee that will allow you to exclude your husband from your auto insurance policy if you wish to. Get a quote with Safeco, Progressive, or Direct General on our site. When purchasing, select the option to not include that driver on the policy and select the appropriate exclusion options to get an accurate rate.

Keep in mind that if you did exclude your husband then none of the coverages under your car insurance would extend to him in any way if he was to drive the vehicle(s) listed on your policy and cause an accident. So even in an emergency situation he should not drive your car(s).

Whether named-driver and family or household exclusions are permitted in TN has gone to the courts on various occasions. On the court cases we have read about the courts have found that these types of exclusions in automobile liability insurance policies do not violate Tennessee law or public policy.

In one particular case it went to the TN Supreme Court which held that a household exclusion did not conflict with public policy and was therefore enforceable. Clear statutory language in Sec. 56-7-121 of TN insurance law permits insurance policy exclusions notwithstanding any other provisions of the law to the contrary. This strong language constrained the court to uphold the exclusion, even though the result did not promote the financial responsibility under the FR law.

The Financial Responsibility Law resides in Title 55 of the Tennessee Code, which covers Motor and Other Vehicles. However, automobile insurance is also covered by Title 56 of the Tennessee Code, which is applicable to all insurance contracts in the state of Tennessee, including automobile liability policies. Among its many provisions, Title 56 includes the following:

Notwithstanding any other provision of law to the contrary, an insurer may exclude coverage pursuant to a contractual agreement; provided, that such exclusion complies with this title.

Not all insurance providers offer exclusions so you may need to shop around for the best car insurance company for your needs.

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Question Details
This car insurance question was asked on 5/13/2008
This auto insurance answer was last updated on 5/15/2008
Diane S requested this car insurance solution.
Rated 0 out of 10 based on 0 votes.
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