It’s natural to think about occasions when you may need insurance: Rear-ended at a red light, sideswiped at an intersection, or backed into in a parking lot. In each of these scenarios, it is also natural to think of the other drivers as responsible for the accidents. But what happens if the responsible driver is your spouse? Insurance coverage just became a little more complicated.

The reason goes back to a common-law doctrine called interspousal immunity—which found its way into American jurisprudence over 150 years ago. It prohibits people from suing and recovering from their spouse for the spouse’s negligence. The doctrine is based on the legal decision that a married couple share the same identity in law. Under the doctrine, a married couple is one person under the law, so that person can’t sue himself or herself. Interspousal immunity as a legitimate legal doctrine has been on the decline since the 1920s—not coincidentally coinciding with the passage of the 19th Amendment—but there are some stubborn holdovers in the law and in public life, insurance included.

In the past, many insurance contracts excluded bodily injury coverage related to the negligence of one spouse toward another—due in part to interspousal immunity. That has changed as laws have been modernized slowly. Recently, New York state law underwent changes related to this issue. Prior to 2002, insurance carriers were not required to offer the coverage, and there was a legal presumption that the coverage was not provided, absent express language in a policy stating otherwise. In 2002, insurance carriers were required to offer the coverage, but only to those policyholders who requested it. A new law passed in 2022 (which was amended in 2023) requires that supplemental spousal liability coverage be included in all automobile insurance policies issued in the state unless a policyholder decides to opt-out of the coverage. This coverage will provide protection to people if they are injured or harmed by the negligence of their spouse. Typically, coverage limits for spousal liability are included within the overall limits of a policy. However, some policyholders may see an increase in premium if they previously had not opted into the coverage.

Have questions about spousal liability? Reach out to our agency.