A named insured is in most cases the owner of the car insurance policy. The named insured purchases the insurance policy and is responsible for making any changes or handling any issues directly with the insurance company on behalf of any drivers covered by the policy, and is, of course, protected by the car insurance policy’s coverage. In some insurance cases it becomes important to assess whether a particular individual, partnership, corporation, or other organization was in fact or in effect a “named insured” under an automobile insurance policy for purposes of the construction of policy provisions extending coverage to, or excluding coverage of, “named insureds.” An automobile insurance policy ordinarily contains in the “declarations” section the printed word “Insured” or, more often, the words “Named Insured,” followed by a space in which a typed name or names appear. To that extent, the term “named insured” is self-defining and the language in some instances restricts the meaning of the term to names so appearing. Some policies, however, broaden the term in the “definitions” section to include the spouse of the person named in the declarations, if a resident of the same household, as a “named insured.”
Who is not a named insured?
All drivers living in the household who are not listed in the title of the car as an owner and are not married to the owner need to be listed as a driver rather than as a named insured. Also, any children in the household generally would not be included in the named insured. While a question has sometimes been raised as to whether a person was, in fact, a “spouse,” for purposes of provisions extending coverage to, or excluding coverage of, named insureds. The issue is more often whether a person who was concededly a spouse was a resident of the same household. At times, coverage has been denied under the “nonowned automobile” provision, which generally provides coverage for the use of an automobile not owned by the named insured, on the ground that the automobile being used at the time of an accident was owned by a spouse who was, by definition, a “named insured.” Some courts have employed parallel reasoning in denying coverage under the “temporary substitute automobile” provision, which also requires that the automobile being used be owned by someone other than the named insured, as to an accident arising out of the use of a substitute vehicle owned by a spouse of the person named as the insured. Other courts have regarded the definition including the resident spouse as a named insured as inapplicable when its effect would be to deprive one of the spouses of coverage that would otherwise be available under the policy. The residency question has also been raised in other contexts—for example, whether a person injured in an accident caused by an uninsured motorist was a resident of the same household as a named insured so as to be entitled to benefits under the uninsured motorist coverage. Named insured status is frequently sought by or on behalf of one not named as such in the automobile insurance policy on the basis that he is the owner of or the person actually responsible for the automobile described in the policy. Probably because of the large amounts of money often involved, many of the cases in which an issue has been raised concerning the identity of the named insured in an automobile policy have involved the liability coverage. Under that coverage, the insurer usually agrees to pay, on behalf of the insured and within specified limits, all sums which the insured shall become legally obligated to pay as damages because of personal injury to or death of any person, or because of injury to or the destruction of property caused by accident and arising out of the ownership, maintenance or use of the vehicle or vehicles insured. Accordingly, before a person may be afforded coverage under that clause for liability arising out of his use of an automobile described in the policy, it must be established either that he is a “named insured” or that his use of the vehicle was with the permission of a “named insured.”
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If you or a loved one was injured in a car accident and are seeking coverage under an automobile policy, there is no replacement for quality legal advice. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
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The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:
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