Jackie Booker and Rachel Jennings Obtain Summary Judgment Enforcing Regular Use Vehicle Exclusion

Jackie Booker and Rachel Jennings obtained summary judgment on an underinsured motorist case enforcing a regular use vehicle exclusion in a classic car policy. Plaintiff argued that the regular use vehicle exclusion is void as against public policy based upon Deherrera v. Sentry Insurance Company. Defendant argued that under Cruz v. Farmers Insurance Company, a regular use vehicle exclusion is enforceable. The Court ruled that the policy exclusion is enforceable and does not dilute, limit or condition underinsured motorist coverage in violation of C.R.S. section 10-4-609 because the classic car policy requires the insured to carry a separate policy with the same amount of coverage from a separate carrier. This provision protects plaintiff in two ways. It fulfills the public policy in Colorado to protect against losses caused by uninsured/undersinsured motorists and it follows plaintiff’s person in accord with Deherrera v. Sentry Insurance Company. Additionally, plaintiff obtained the benefit of the bargain and coverage for a low premiums for classic cars which are, by definition in the policy, infrequently used.