Vanderbilt Law Review


A. L. Plummer

First Page



The exclusions in the automobile liability insurance policies have required much litigation to clarify and interpret the intent of the draftsmen and underwriter who wrote them. An exclusion takes away or modifies certain coverages given in the insuring agreements. The giving and taking-away provisions of insurance policies are necessary in the making of a limited contract. They tend to avoid duplication of coverage, limit the assumed risk or hazard, avoid underwriting the primary liabilities of others that should be covered by other policy forms, and otherwise limit the scope of coverage. Since 1936 there has been a constant effort by automobile insurers and their affiliated insurance bureaus and associations to draft and underwrite standard insuring agreements including the exclusions. The April 1955 Standard Form Automobile Policy will be used as a guide for coverage or exclusion provisions for this article. The theme song of the exclusions begins with the favorite expression: "This policy does not apply...."