Steven Plitt, Expert Witness Steven Plitt, Expert Witness
Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide

KENTUCKY COURT FINDS THAT OWNED-BUT-NOT-SCHEDULED POLICY EXCLUSION FROM UIM COVERAGE WAS ENFORCEABLE

Kentucky Supreme Court held in Philadelphia Indem. Ins. Co., Inc. v. Tryon, 502 S.W.3d 585 (Ky. 2016) that UIM exclusion pertaining to owned-but-not-scheduled automobiles were enforceable under Kentucky law provided that the policy expressly and plainly apprised the insured of the exclusion. According to the Supreme Court, Kentucky's public policy did not bar reasonable UIM exclusion provisions. Under Kentucky law, UM coverage was required by statute but UIM coverage was not. The Kentucky Supreme Court had previously ruled that a policy exclusion from the UIM definition of a vehicle available for the insured's regular use was enforceable and the fact that UIM benefits were non-mandatory by nature under Kentucky law, the Kentucky Supreme Court found that Philadelphia Indemnity's policy encompasses UIM exclusion provisions like the owned-but-not-scheduled exclusion.

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