(DOWNLOAD) "Allstate Ins. Co. v. Wyoming Ins. Dept." by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Allstate Ins. Co. v. Wyoming Ins. Dept.
- Author : Supreme Court of Wyoming
- Release Date : January 18, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
On February 11, 1983 the district court affirmed administrative orders of the hearing officer for the Wyoming Insurance Department dated December 13, 1982 and December 28, 1982. The hearing officers decisions upheld and affirmed an earlier order of the Wyoming Insurance Department which, on May 25, 1982, had the effect of withdrawing ? for compulsory-insurance compliance purposes ? the insurance commissioners prior approval of all automobile liability-policy forms containing what is known in the insurance business as the "household exclusion clause." The policy forms in question contain household-exclusion language which excepts coverage from any loss to any insured or any spouse, relative or member of the family of an insured residing in the same household as the insured. It is stipulated that the exclusion clauses in the policies encompass persons who fall outside of and are in addition to the husband-and-wife, and parent-and-child categories, for which some courts have held that common-law immunity has traditionally existed. The hearing officer in his order of December 13, 1982, found and concluded that the household-exclusion clauses contained in the appellant insurance companies liability policies are not excepted by statute. He went on to reason that the policies therefore violate the plain language of the statutes and the public policy of the state of Wyoming as that language and public policy are contained in the compulsory insurance statute, § 31-4-120, W.S. 1977, 1983 Cum.Supp., when the motor vehicle safety responsibility act, § 31-9-101, et seq., W.S. 1977, (hereinafter referred to as the financial responsibility law), the compulsory insurance statute, § 31-4-120, supra, and the uninsured motor vehicles act, § 31-10-101, et seq., W.S. 1977, are considered together.
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