10th Circuit 006: UM-UIM policy exclusions:
Progressive wrote an exclusion which would deny UM to any person occupying the car if the car was covered by minimum liability coverage mandated by Oklahoma’s Compulsory Automobile Liability Insurance Act. The effect would be that Progressive charges and collects premiums for two coverages (liability and UM), but is required to pay only one or the other.
36 O.S. § 3636(H) does not permit exclusions which violate public policy.
Progressive misrepresents the scope of the um exclusion.
Progressive’s exclusion is void and unenforceable under Oklahoma law.
Absent Progressive’s UM exclusion, there is UM coverage.