Thounsavath v. State Farm Mutual Automobile Insurance Company

Plaintiff sought underinsured motorist coverage (UIM) from her insurer, stemming from auto accident that occurred while she was a passenger in vehicle owned, operated, and insured (with different insurer) by Evans. Insurer denied claim based on driver exclusion endorsement in Plaintiff's auto liability insurance policies, which named Evans as an excluded driver. Because underinsured motorist coverage was mandated by statute, insurer's driver exclusion endorsement could not exclude that coverage through a contractual provision. Application of driver exclusion to bar Plaintiff, the named insured, from recovering UIM coverage pursuant to her policies with insurer violates Section 143a-2(4) and, therefore, public policy. Named driver exclusion did not prevent Evans from driving his own, separately insured vehicle.(KARMEIER, FREEMAN, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)