Some auto insurance companies will put an exclusion in their policy that if an accident occurs as a result of the driver being intoxicated that they will not have to pay anything for the claim. Some states require approval before such policy clause or exclusion can be released to the public. It's up to the state in those cases where such language will be allowed in the contract if they deem it in the best interest of the public. Other states let the insurance company use such policies or exclusions until such time as they are challenged by the public or in court. Just because the exclusion exists in the policy does not mean it's enforceable in court. Now, if the driver signed a specific piece of paper excluding coverage for claims arising from driving while intoxicated, then that will have a little more weight in court and the judge and jury will be more likely to side with the insurance company in their decision to deny coverage. Also, the company may decide to compensate the victim and his property, but may still deny the coverage for the driver and his property.
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- Written by Agent Doug Hartley
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