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Car Insurance Question  Is a named driver exclusion on a personal auto policy considered to be against public policy in Pennsylvania?

According to the Pennsylvania Insurance Department, the insurance regulator for PA, the first named insured on a personal auto insurance policy may exclude any family member from the policy provided that the person being excluded can prove he or she has auto insurance with another company or the Assigned Risk Plan.

So a named driver exclusion is possible with insurance companies in PA however you would need to prove that the person being excluded has coverage elsewhere, either with another insurance company or through the assigned-risk pool.

Excluding someone from being insured may sound as if it is against public policy since the excluded person is then not covered under the household insurance policy however the person is then required to have their own car insurance coverage so the laws of the Commonwealth of Pennsylvania are not just allowing a person to be uninsured.

If you have questions about the laws or statutes surrounding a named driver exclusion and public policy you can contact the PA Insurance Department and also discuss your concerns with this state agency.

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car insurance commentsThe answer does not consider the loophole that after the excluded driver demonstrates liability insurance on their own car, they could subsequently lapse through non-payment and nobody would be the wiser--unless there was also an SR-22 requirement. (I shudder to think of the complexities that may be added to this provision by the Pa. Limited-Tort vs. Full Tort option.) Thank you for all of the discussions you've prepared.
Question Details
This car insurance question was asked on 8/25/2008
This auto insurance answer was last updated on 8/29/2008
Steve R requested this car insurance solution.
Rated 8 out of 10 based on 1 vote.
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