insurance coverage denied in BUI case

[jbetzelb]

Re: insurance coverage denied in BUI case

I hope this is an out of norm case. If I do somethiing dumb and hurt your property or person I know I have a responsibility to cover your loss or injury and I buy insurance to make sure I can do that.

 

[UncleWillie]

Re: insurance coverage denied in BUI case

There are no "Accidents", only incidents.
If there were then you could claim that nothing was within your control and everything that happens is just an accident.

You are driving along in your boat at a safe speed and hit a submerged log; the boat sinks and your passengers are injured. Accident?

Driving too fast for conditions. Failure to observe and maintain a clear path ahead.

You are driving along in your car, have a blow-out and hit the car next to you. Accident?

Failure to maintain your automobile in a safe Condition. Operation of an unsafe vehicle.

Your golf ball hits my window. Accident?

Failure to control. Launching of objects at motor vehicle.

-----------------------------------
You may not have prior knowledge of the conditions, but in all cases, if something was done differently,
the "Incident" could have been avoided. The responsibility remains.

The Interpretation of the Law takes this into account, Fortunately. <<< This is the Key to Fair Justice.
Otherwise, just Sneezing could be chargeable as Dispersing Hazardous Biological Agents!

 

[IraRat]

Re: insurance coverage denied in BUI case

Best insurance story ever:

Guy suffers severe engine damage because squirrel "nested" in engine one cold evening. He starts car, critter gets caught in belt, splat and crunch and engine is toast.

Insurance company denies claim, guy gets attorney, sues, and wins:

Policy stated coverage includes "damage caused by contact with other motor vehicle or moving body."

 

[Campylobacter]

Re: insurance coverage denied in BUI case

You are driving along in your car, have a blow-out and hit the car next to you. Accident? yes. Illegal? no. Insured loss? most likely.
Your golf ball hits my window. Accident? yes. Illegal? no. Insured loss? probably.

In North Carolina, every accident that causes more than $1,000 in damage will get somebody to get a ticket. It is the law (I have an 18 year old son and recent experience with this). In this case you would get a "failure to stay in lane" ticket, $50 fine and $188 court costs. If you bring a letter from your insurance company saying that the damage has been paid for, and the ticket (fine) is dropped. You still pay court costs.

 

[81_chapparel194]

Re: insurance coverage denied in BUI case

There are no "Accidents", only incidents.
If there were then you could claim that nothing was within your control and everything that happens is just an accident.


Driving too fast for conditions. Failure to observe and maintain a clear path ahead.
the waters i boat in are dark and cant see 1 ft below the surface

Failure to maintain your automobile in a safe Condition. Operation of an unsafe vehicle.
i have had and seen brand new tires blow out within 24 hours of installation. defective tires. i didnt make the damn tire just bought them.

Failure to control. Launching of objects at motor vehicle.
i have seen animals run out in front of my vehicle....i sure as hell didnt invite them to the road.

-----------------------------------
You may not have prior knowledge of the conditions, but in all cases, if something was done differently,
the "Incident" could have been avoided. The responsibility remains.
ok so i knew that the new tires were defective and should have bought from another dealer... well gee you are such a genius... and evidentally mr perfect. never EVER made a mistake or had an accident.. i bet if you had an auto accident you would be screaming the blame for someone else to take. smdh

The Interpretation of the Law takes this into account, Fortunately. <<< This is the Key to Fair Justice.
Otherwise, just Sneezing could be chargeable as Dispersing Hazardous Biological Agents!

must be nice to live in a perfect world

 

[Home Cookin']

Re: insurance coverage denied in BUI case

I'm not sure what world he lives in but it's not the American system of jurisprudence.

 

[crabby captain john]

Re: insurance coverage denied in BUI case

The insurance company of the sailboat owner will pay-- then file to collect from the perps company. Why this guy is not in jail is the question.

 

[roscoe]

Re: insurance coverage denied in BUI case

The insurance company of the sailboat owner will pay-- then file to collect from the perps company. Why this guy is not in jail is the question.

Who? The lawyer?

 

[Home Cookin']

Re: insurance coverage denied in BUI case

The insurance company of the sailboat owner will pay-- then file to collect from the perps company. Why this guy is not in jail is the question.

go back and read the background. the drunk boater DB was arrested, convicted, sentenced and did some jail time, plus can't operate a boat for a year. He owned a 42' Silverton. Filed bankruptcy, too. He was fined $10,000 restitution.
sailboat owner SB (probably his insurance company) asserted a claim against DB. DB's insurance company denied coverage under the "illegal acts exclusion" and ultimately filed a declaratory judgment action in Federal court, asking the court to determine whether there was coverage. The court agreed with the DB's insurance company: no coverage.
SB still has his coverage (assuming he has insurance) and he or his insurance company can get a judgment against DB--butit may not be collectible.

 

[TilliamWe]

Re: insurance coverage denied in BUI case

There are no "Accidents", only incidents.
If there were then you could claim that nothing was within your control and everything that happens is just an accident.


Driving too fast for conditions. Failure to observe and maintain a clear path ahead.


Failure to maintain your automobile in a safe Condition. Operation of an unsafe vehicle.


Failure to control. Launching of objects at motor vehicle.

-----------------------------------
You may not have prior knowledge of the conditions, but in all cases, if something was done differently,
the "Incident" could have been avoided. The responsibility remains.

The Interpretation of the Law takes this into account, Fortunately. <<< This is the Key to Fair Justice.
Otherwise, just Sneezing could be chargeable as Dispersing Hazardous Biological Agents!

Thank you Willie. You get it, but it appears that others do not. Including the US Federal courts.

 

[jcfitzgerald]

Re: insurance coverage denied in BUI case

Maybe a lot of insurance policies are not worth the paper they are written on.

 

[Dawg'sLife93]

Re: insurance coverage denied in BUI case

I think anyone that is drunk and causes an accident, should be convicted, executed, have all their assets liquidated to make the injured party whole again. If it was fatal, they should let the family of the deceased have the money.

I also think first DUI/BUI should be 5 years in prison, 25,000.00 fine and never be able to drive anything again, 2nd offense, DEATH!

 

[a2dubnut]

Re: insurance coverage denied in BUI case

That's not entirely true. Insurance companies will deny coverage if they think they are in the right (as was this case), but every insurance company I've ever had to deal with was professional and handled the problems as they should. It's the people who try to scam insurance companies who are the real thieves who raise the premiums for everyone.

...and as a former adjuster, we had a duty, and legal obligation to act in good faith. To put it simply, If I denied a claim just because I felt like saving the company a few bucks, I could have been personally sued along with the company. Insurance Co's have many checks and balances to deny claims. To have a claim denied for policy language reasons I would have had to get at lease two levels of management approval above me, and there were some cases that went up to the state manager (and with consultation from legal). Denying a claim was always about policy interpretation, and not about weaseling out of a payment.
Contrary to popular belief, Insurance companies (all except for one - and I worked for the one) - spend more money paying claims than they take in in premiums. The one that made money on premuims - only made between 3-5 cents on the dollar when I was there (this was quite a few years ago now). The way they make their money - investing your premium dollars before they ever have to make a claim payment.

 

[BRICH1260]

Re: insurance coverage denied in BUI case

I think anyone that is drunk and causes an accident, should be convicted, executed, have all their assets liquidated to make the injured party whole again. If it was fatal, they should let the family of the deceased have the money.

I also think first DUI/BUI should be 5 years in prison, 25,000.00 fine and never be able to drive anything again, 2nd offense, DEATH!

That opinion is a little over the top dont you think......

 

[UncleWillie]

Re: insurance coverage denied in BUI case

I think anyone that is drunk and causes an accident, should be convicted, executed, have all their assets liquidated to make the injured party whole again. If it was fatal, they should let the family of the deceased have the money.

I also think first DUI/BUI should be 5 years in prison, 25,000.00 fine and never be able to drive anything again, 2nd offense, DEATH!

That opinion is a little over the top don't you think......

The problem with liquidating all their assets is that their children now suffer for the crimes of the parent.

But. I don't want to pay for that guy to sit in a nice prison for 5 years.
If you don't follow the rules at school you get expelled.
Adult kids get thrown out of the house if they can't act civilly.
Native Americans exile members of the Tribe from the reservations for chronic lawlessness.

If you chronically don't want to follow the law, how about a loss of citizenship.
As a Non-Citizen you will need to leave the country.
Go find another country that will tolerate your behavior.

 

[TilliamWe]

Re: insurance coverage denied in BUI case

Maybe a lot of insurance policies are not worth the paper they are written on.

The one in this case appears to fit that mold. That "illegal acts" exclusion is way too broad, I don't know how they ever pay any claims! I don't know how any agent would sell it, in good conscience. I certainly wouldn't work in their claims department, because they only need about 2 guys. One to deny every claim, and one to call the lawyers to defend them.
It's a BAD policy that violates the entire SPIRIT of insurance coverage in this country.

 

[QC]

Re: insurance coverage denied in BUI case

This thread is going reasonably well. Primarily the discussions are about facts and clarifications regarding grey areas. Just a reminder to please keep it "Civil", would not want this to become "Criminal" requiring Modulational activity

 

[a2dubnut]

Re: insurance coverage denied in BUI case

"Modulational" - is that a technical-term?

 

[QC]

Re: insurance coverage denied in BUI case

Very.