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1) They'll have to. But they may cancel and refuse to insure you afterwards..
Not looking for any sort of legal advise from anybody with a JD sheepskin - but I sure would like to hear from somebody who could help us understand this situation. Like most things that seem to be too good to be true, I just can't help but wonder.
I think there are multiple discussion points here:
- Will insurance pay up in an accident - your fault or the other party - when it costs them a lot of money?
- In the eyes of the law, are you legally conducting business in that state?
- In a jury trial - supposedly of your peers - will they believe you weren't trying to circumvent the rules set up to "make people safe"?
I can just imagine (like I may have mentioned before) the lawyers explaining to the jury that this man created a paper corporation to avoid a having a legal title in his or her home state that was stamped "Off Road Only". And how you broke the laws of the great state of (insert name). And how your wanton disregard for human life killed my client with your Off Road Vehicle on the public streets
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Believe me guys, I don't want to rain on anybody's parade.
I just feel like we all need to know more about the possible exposures!
2) You are. You jumped through the hoops to create the LLC. This of course means you have to have commercial insurance and a CDL (n/a on HMMWVs)
3) A jury of culture war activists may find anything, but the fact is you were in compliance with the laws as written.