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Mike Myers
Mike Myers
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Road Rage: An Unusual Exception to the "Intentional Acts" Exclusion

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I’ve written a lot about insurance coverage. It typically only applies to negligent (not intentional) acts.

But UIM (uninsured motorist or under-insured motorist) insurance stands as an unusual exception. Victims of road rage in Washington can make claims under their own UIM policies.

The rule doesn’t make sense on a conceptual level. After all, the UIM carrier “stands in the shoes” of the at-fault driver. It’s as if the UIM carrier is providing insurance to the at-fault driver. But in this case the at-fault driver acted intentionally. Therefore, there should not be coverage. But a liberal insurance commissioner (bless her soul) and some of her political allies were able to force a square peg in a round hole.

Even though it doesn’t make sense, it’s a good rule to know. While it lasts, we’re definitely going to roll with it.