Chances are good that the average Calif. policyholder opting to purchase uninsured motorist coverage is unaware of the broad scope of coverage that must be afforded under the uninsured motorist statute. For one thing, the insurance is mandatory in all motor vehicle liability policies issued in the state, unless specifically waived in writing.
The uninsured motorist statute mandates that all motor vehicle liability policies issued in California cover "the insured, the insured's heirs, or legal representative for all sums within the limits that he, she, or they, as the case may be, shall be legally entitled to recover as damages for bodily injury or wrongful death from the owner or operator of an uninsured motor vehicle," unless such coverage is rejected in writing by the insured. This also includes underinsured motorist coverage. Therefore, if the applicant does not sign a deletion agreement — or the waiver is somehow defective — then a court could find that uninsured motorist coverage attached, even though it is not reflected in the policy's declarations and no premium was paid.
Coverage Specifics
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
