Expert: Doctor Settlement - 6/17/2006

Question
Hello,
I have recently moved to TN and I got married to a woman that came with me here and we have insurance with two different companies;one on each of our vehicles. She wants to stay with hers and I don't want to go with her company so we have just left things that way. Well I decided I wanted to shop around some for a different one for mine and I ran across one company that said that there was a state law that says you have to have all your coverage with one company. Now I know that there is a discount for multiple cars, and know it would be cheaper to be with one,but I have never in all my life ever heard that you have to insure all cars with one company. Can you tell me if this can be true. My insurance company sure didn't mention anything when I changed my marital status from single to married.

Answer
Dear Tim,

I spent over half an hour wading through your state statutes and I just could not come up with any prohibition on members of the same household having different insurers.  

Whenever anyone suggests that there is a law, then you can ask him to produce the authority.  Give them a call and ask them for the statutory authority.

So, I do not believe there is any statute per se, yet there could be some legal disadvantages to using two different companies.

In the first place, any car that is "available for your regular use" (i.e. your wife's car) will be an insured vehicle for you ONLY IF YOU ARE NAMED AS A DRIVER ON HER POLICY.

That may be what the insurance company was thinking about.  It may not be a prohibition, it is just a matter of contract.  You will not be covered by her insurance if you drive her car, unless you are named on her insurance.

The "law" the company may have been thinking about is where YOUR OWN company also refuses to cover you when you drive her car.  Sound strange?

I know there are examples where insurers (YOUR OWN COMPANY) have won the issue of coverage when a person drives a car that is "available for his regular use".  Don't quote me on the contract language, but the common exemption from coverage has a clause something along that line.

Your call: if it means all that much to you, then I would put the question in writing to BOTH OF YOUR COMPANIES.  Make sure that each of your cars are not considered exempt as to spousal coverage.  

I am going to bet you that at least one of them will want the spouse named as an additional driver OR they will want the spouse's car listed as well.  

If you look at if from their standpoint, I suppose it makes sense.  If you look at it from your standpoint, it does not make any sense.  You are only one person: you cannot drive two cars at once.  You ought to be insured if you take your wife's car for an errand or such.  BUT THAT IS NOT going to be their answer, according to that third company that said "there was a state law."

Best bet, get quotes on listing eachother as drivers reciprocally.  Then get a quote for a family policy with both of you and both cars.  Third choice, write to me confidentially at my website (below) and give me some details about your two companies and I will share with you some of the attorney perspective about them.  Do you know how your companies handle their PIP and UIM claims?  That information might help to pick one or the other company, BUT I do not want the "losing" spouse mad at me!

Best Wishes,

Dr. Settlement, J.D.
http://www.SettlementCentral.Com