Can my insurance deny my claim ?

Question

I am being charged with a DUI but not yet convicted. I have a criminal defense attorney defending my case who might get the charges dropped or lowered. My insurance has  denied my claim in regards to my policy which states: While the insured auto is being used in the commission of a crime .This exclusion applies only while the insured auto is being used by you., a relative resident or anyone with your express or implied permission.

Louis George Fazzi · Answer

Your question is loaded with issues, but not a lot of background information about the claim itself. 
 
The short answer is: it depends. What kind of claim did you make? For car repairs? Something else? 
 
Insurance policies have many parts to them. There are first the insuring clauses. Claims get made under specific parts of a policy. There's the liability part; there's the part which insures you, your family and others who may use the car with permission. There's the part which insures the vehicle itself. Under which part did you make your claim? 
 
After identifying what kind of claim you have, then we look at the exclusions particular of that part of the policy. 
 
The language you used in your question suggests the kind of exclusion which would apply if you were using the car during the commission of a burglary or similar kind of criminal act in which the use of the vehicle was integral to your getaway. But the insurer will want to apply the exclusion to any claim occuring during your operation of a motor vehicle while under the influence of an intoxicating substance, that being the crime. 
 
The answer is probably yes: they will deny the claim. You will then have to litigate the issue with the carrier to determine whether their interpretation of the policy under the circumstances of your situation is correct.

Q: Can my insurance deny my claim ?