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Understanding Maryland’s Car Insurance Household Exclusions

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Understanding Maryland’s Car Insurance Household Exclusions

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Often, families assume that their auto insurance will cover them fully after an accident, especially when the involved parties live in the same house. However, a household exclusion clause in an insurance policy can dramatically limit or deny coverage for claims involving members of the insured’s household. A household exclusion clause can have devastating financial consequences, leaving family members without compensation for medical expenses, lost income, or long-term care needs.

Unfortunately, many people find out about these exclusions too late. Understanding how household exclusions work and where they apply is vital for protecting your family and ensuring you are not left vulnerable after an accident. This article discusses how household exclusions work. We also share a real case example of what can happen when families fail to fully understand their insurance policy.

What Are Household Exclusions and How Do They Work?

Household exclusions can be found in various insurance policies, including car and liability insurance. Typically, such a clause states that the policy does not cover claims brought by a family member who resides in the same household as the insured. This means that if a spouse, parent, child, or another relative is injured in an accident caused by another household member, the policy might not cover their medical expenses or other damages due to the exclusion. And if recovery is allowed, it may be limited to the minimum policy limits.

Household exclusions exist mainly to prevent insurance fraud, based on concerns that people residing in the same house may be more likely to exaggerate or stage accidents for financial gain. While the intent behind these clauses is to protect insurance companies from fraudulent claims, the unfortunate reality is that often, innocent victims may be left without sufficient coverage.

For example, imagine a father is driving his children to school. He gets distracted for a few seconds and crashes, leading to his child suffering serious injuries. While the child would typically expect to be covered under the father’s auto insurance policy, a household exclusion could bar the insurance company from paying any compensation, or it may limit payment to only the state-mandated minimum.

Real Case Example

In a recent case, a family in Montgomery County, Maryland, experienced a tragic accident. A father, his spouse, and one of their children died in a two-car collision. The remaining child suffered permanent injuries. The surviving family members sought compensation under a primary automobile liability and personal umbrella policies. However, the umbrella policy contained a household exclusion, which the insurer relied on to deny extended coverage for the child’s injuries.

On top of seeking compensation, the surviving family members challenged the validity of the exclusion. They argued that it violated Maryland’s public policy and Maryland Code, Courts and Judicial Proceedings Article § 5-806, which allows injured children to sue their parents in motor vehicle accidents. The trial court upheld the exclusion. The family appealed the decision, and the Maryland appellate court also ruled in favor of the insurer. The court held that, while Maryland law limits household exclusions in primary auto policies, the limitations are not extended to umbrella policies. The court clarified that umbrella policies serve a different purpose and aren’t directly regulated under the same laws that regulate basic motor vehicle insurance.

This case is a reminder to policyholders to review their policies and make any necessary amendments to avoid unexpected gaps in coverage that could affect loved ones financially.

Legal Help Is Available

For legal help, contact our skilled Towson car accident lawyer at Hardball Law serving Towson, Baltimore, and throughout Maryland.

Source:

mdcourts.gov/data/opinions/coa/2022/52a21.pdf

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Susan R Green in addition to her various law licenses, is a licensed insurance agent. While she does not sell insurance, she will be happy to explain the sufficiency of the insurance coverage available under your policy, for free.

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MARITIME AND ADMIRALTY LAW

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