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Regularly Used Non-Owned Vehicle Exclusion Upheld

November 3rd, 2017

In Reeves v. Travelers, 2017 WL 4930900, (E.D. Pa., 10/31/17), the Eastern District Court upheld the “regularly used, non-owned vehicle” exclusion contained in Traveler’s automobile insurance policy.  In this case, Reeves worked in the City of Philadelphia Street Lighting Department and was injured while a passenger in a work truck.  At the time of his injury, Reeves owned a 2006 Mercury Mariner, which was insured by Travelers.  The Traveler’s policy contained a “regularly used, non-owned vehicle” exclusion that provided,

We do not provide Uninsured Motorists Coverage or Underinsured Motorists Coverage for ‘bodily injury’ sustained:

  1.  By you while ‘occupying’ or when struck by, any motor vehicle you own or that is furnished or available for your regular use which is not insured for this coverage under this policy ….

Reeves made a claim for underinsured motorist benefits under the Traveler’s policy.  Travelers denied Reeves’ claim based on its “regularly used non-owned vehicle” exclusion.  The city Street Lighting Department had 17 vehicles of various types, but Reeves was only allowed to drive three of them because he lacked a CDL license.  In addition, he did not use the same vehicle every day, and was assigned a truck depending on the type of work he had to do.  He only drove about 10% of the time, and was a passenger 90% of the time.  Reeves argued that the regularly used, non-owned vehicle exception should not apply to him under these circumstances.  The court recognized that this exclusion can effectively eliminate underinsured motorist coverage for employees who are in work vehicles most of the work day, but refused to re-write a “valid, enforceable, unambiguous contract.”

At 70yrs. of age, I have never been in a car accident, nor have I ever had a moving violation! So, needless to say, that the trauma of being involved in an accident that I did not cause, where my car, (which was only 6mos. old) was totaled!) and I received 2 broken bones in my left ankle that warrented surgery…was nothing short of devastating! It’s been 9mos. and I’m still healing! But while I was in the ER, the only injury attorney’s name and number that came to my mind was Freeburn and the 7’s! Well, in came Ryan McDaniels, and ever since that initial encounter at my home, I was thoroughly convinced that the Lord had orchestrated it! This young man’s demeanor, personality, and integrity was awesome! He kept me well informed and I trusted him emphatically! Not only him, but everyone in their office, showed me the utmost respect and courtesies! I would, without any reservations, refer anyone who asked me, to this firm! They made for me a wonderful experience from the most devastatingly, traumatic situation I’ve ever had! Definitely 2 thumbs up!