Posted On: May 26, 2009, 10:01 pm CDT

Posted By: okt0ber

In this case, since he was driving as a permissive driver, he is the insured and she is entitled to collect BI from the policy as a claimant, even though the policy is in her name. She isn't neglegent, he is, and her policy should cover him as a driver. There is probably also some stacking provisions that will come into play; his policy will probably also provide secondary coverage. And then when the courts get ahold of it, she'll probably collect under her Underinsured Motorists coverage, too, since he, under her policy, may be under insured, in which she can become the insured on her policy again.

Just depends on the limits. I would assume he carries a PUP that will cover all of this, anyway.