Posted on Jan 04, 2013
Recently, in Oesterling v. Allstate Ins. Co., No. 11429 of 2008 (Lawrence Co. Dec. 17, 2012) a trial court reviewed the applicability of the household exclusion which was added to a policy several years after the policy was initially purchased. The trial court denies Allstate Insurance Company’s renewed Motion for Summary Judgment. The jury is now to decide whether a change in wording to household exclusion that was made to the auto policy several years after the policy was initially purchased was a material alteration of coverage. If so, Allstate has the burden to notify the insured Oesterling of the change to ensure that he understood and accepted it. However, if the jury determines the household exclusion was of a type that was typical of such a policy then the insured would have the burden to read and understand his policy.
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