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The Montana Supreme Court has ruled that an insurer wrongfully denied uninsured motorist’s coverage to a policyholder who was injured while riding his motorcycle despite an exclusion in the policy for damages caused by motorcycle accidents. The case is Goss v. USAA Cas. Ins. Co., 2021 MT 289.

The court ruled that the insurance policy that Joseph Goss purchased from USAA Casualty Insurance Co. violated public policy because Goss could not fulfill the terms of the contract. USAA does not insure motorcycles, but their policies exclude UIM coverage for accidents that happen on motorcycles that it does not insure, even if the policyholder had purchased UIM coverage for other vehicles.

Hannah Smith JD

 

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