Most people purchase car insurance with the expectation that the insurance will provide coverage in the event of a car accident. If a car owner fails to comply with the terms of the policy and is subsequently injured in an accident, however, he or she may be denied any coverage or benefits pursuant to exclusions under the policy. Recently, the United States District Court for the Middle District of Tennessee analyzed policy exclusions in a case in which a car accident was caused by an unlicensed driver who was intoxicated at the time of the accident. If you were involved in a car accident in Tennessee and your insurance company is attempting to deny you coverage you should meet with a skillful Tennessee car accident attorney to discuss your options for recovering benefits.
It is alleged that the car owner was involved in an accident in which he rear-ended another driver. At the time of the accident the car owner did not have a valid license. Additionally, he admitted to the investigating officers that he had been drinking and failed multiple field sobriety tests. He was ultimately charged with and convicted of driving under the influence.
It is reported that the other driver filed a lawsuit against the car owner, seeking costs, and compensatory and punitive damages for the harm she sustained in the accident. The car owner was insured by the plaintiff insurer. The insurer subsequently filed a declaratory judgment action and a subsequent motion for summary judgment, seeking an edict from the court that it was not obligated to provide the car owner coverage under the terms of the policy. Continue reading ›