Cullum v. Farmers Insurance Exchange

STEWART, Justice,

concurring in the result:

I concur with Justice Durham that Utah Code Ann. § 31A-21-106 prohibits an insurance policy from incorporating by reference the limits of the Financial Responsibility Law. In my view, however, § 31A-22-303 is ambiguous as to the validity of step-down coverage for permissive users of family vehicles, and the parties have not briefed the issue sufficiently to justify a well-considered decision on that point. Certainly nothing in the statutory language compels the Court’s conclusion.

It is sufficient in this case to hold that § 31A-21-106 does not allow incorporation by reference of the limits of the Financial Responsibility Law. The validity of the step-down provision of § 31A-22-303 with regard to permissive users need not be addressed because the incorporation issue is dispositive.

Given the construction the Court places on § 31A-22-303, I believe that many insureds who loan their cars to friends, babysitters, or others to do errands will be in for an unpleasant surprise when, in the event of an accident, injured persons are denied any remedy above the meager public liability insurance mínimums required by the automobile financial responsibility laws.