Family Exclusion Clauses: Whatever Happened to the Abrogation of Intrafamily Immunity

Authors

Timothy G. Fielden

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comments

Abstract

This Comment addresses the use of family exclusion clauses in automobile and homeowner insurance policies in California. The author argues that, while these provisions are specifically authorized in automobile policies by statute, legislative justification for such exclusions is lacking for homeowner policies. The author argues that family exclusion clauses should be eliminated in both automobile and homeowner policies because the clauses violate well-settled tort principles, as well as public policy. The author urges the California Supreme Court to reconsider its holdings abolishing intrafamily immunity and declare family exclusionary clauses in homeowner policies void as against public policy. The author further urges the California legislature to eliminate specific sections of the insurance code that permit family exclusion clauses in automobile policies.

Recommended Citation

Timothy G. Fielden, Family Exclusion Clauses: Whatever Happened to the Abrogation of Intrafamily Immunity, 21 San Diego L. Rev. 415 (1984).
Available at: https://digital.sandiego.edu/sdlr/vol21/iss2/7