Once you know who is insured under uninsured motorist coverage in Florida. Now it’s time to learn what a Class I insured is and how it affects your case.
The named insured, spouse, and resident relatives, are known as “Class I” insureds. They are different from “Class II” insureds. Uninsured motorist coverage attaches to the injured person, not the vehicle.
If the injured person is an insured under the liability coverage in the policy, uninsured motorist coverage is available to the injured individual without any restriction.
Example #1 – Coverage follows named insured, not the vehicle
John is a named insured in an auto insurance policy, which insures his Honda Accord and provides UM coverage. He is injured while driving his friend Mary’s car.
John is entitled to UM coverage under his policy because UM follows John and his not his car.
Example #2 – Coverage follows spouse, not the particular motor vehicle
John is a named insured in an auto insurance policy, which insures his Honda Accord and provides UM coverage. John is married to Martha. Martha is injured while driving her friend Mary’s car.
Martha is entitled to UM coverage under John’s policy because Martha is the spouse of a named insured, John, and UM coverage follows Martha and not the particular motor vehicle, in this case the Honda.
Example #3 – Coverage follows resident relative, not the particular motor vehicle
John is a named insured in an auto insurance policy, which insures his Honda Accord and provides UM coverage. Brian is a resident relative of John.
Brian is injured while driving his friend Mary’s car, a Toyota Camry.
Brian is entitled to UM coverage under John’s policy because he is a resident relative of John, and UM follows Brian and not the particular motor vehicle, in this case the Honda.
Insurers can limit UM coverage
Class I insureds are covered anywhere and anytime injury they are injured.
However, insurers can limit UM coverage for Class I insured who are hurt while occupying a vehicle owned by the insureds for which UM coverage has not been bought.
Example #4 – Class I insured occupying insured owned vehicle but no UM coverage
John is a named insured in an auto insurance policy for his Honda Accord which provides UM coverage with State Farm. John also owns a Toyota Camry.
John did not purchase UM coverage on the Toyota. John is injured while occupying the Toyota Camry.
With the proper policy language, State Farm can limit UM coverage to John because John was occupying a vehicle owned by him (the named insured) for which he did not purchase UM coverage.
Is an Employee a Class I insured of the Employer’s Auto Insurance Policy?
If the employee is neither a named insured under the Zurich policy nor a resident family member of an insured, he or she cannot be a class I insured. Zurich American Insurance Company v Cernogorsky, Fla: Dist. Court of Appeals, 3rd Dist. 2017.
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