agreeing with other courts that have concluded that a written waiver of UM/UIM coverage by one named insured does not waive such coverage on behalf of all other named insureds
How later courts described this case
- agreeing with other courts that have concluded that a written waiver of UM/UIM coverage by one named insured does not waive such coverage on behalf of all other named insureds
- written rejection of UM coverage by one spouse, who was a named insured, was ineffective to waive coverage for the other spouse, who was also a named insured, or for the couple's son, who was killed by an uninsured motorist
- under Alabama law, written rejection of UM coverage by one named insured does not apply to other named insured on same policy
Written by the judges who cited it.
Distinguished
Distinguished by Progressive Specialty Ins. Co. v. Green, 2006 Ala. LEXIS 4 (2006)
Nicholas, however, is distinguishable from this case.
The opinion
The sole issue presented to this court in the present case is whether Alabama law (namely § 32-7-23 , Ala. Code 1975) authorizes one named insured to reject uninsured-motorist coverage on behalf of another named insured; I agree with the main opinion that it does not. In so doing, however, I note (a) that the record in this case does not present to this court the different question of whether, under principles of agency, a named insured may authorize another named insured to reject uninsured-motorist coverage on his or her behalf and (b) that I am not persuaded that State Farm Mutual Automobile Insurance Co. v. Martin , 292 Ala. 103 , 289 So.2d 606 (1974), is dispositive of this different question.