Only a Clear Expression of the Insured’s Intent to Waive Uninsured Motorist Coverage Will Exclude That Coverage From His Automobile Liability Policy

In Johnson, the court held that an individual does not waive uninsured motorist coverage unless the waiver manifests the intent to relinquish the insurance protection. The author examines the important of uninsured driver coverage, and highlights the growing disparity and risk of unintentional waiver of such coverage that exists across the United States. In conclusion, the author suggests the Texas legislature follow the lead of other jurisdictions, such as Pennsylvania, and impose stringent requirement on insurers to execute a valid rejection of vital uninsured driver protection.