Linda took out a new auto insurance policy.She signed without reading each of the papers presented to her by the agent.What she didn't realize was that the insurance only covered accidents on "public roads." This term in no way was brought to her attention nor explained.A few days later she got into a serious accident in a large housing development where the roads had not as yet been turned over to the municipality.The insurance company refused to pay the claim.Can Linda get damages under misrepresentation?
A)Yes,she can,since Linda is fully aware of the distinction between public and private.
B)Yes,she can,since this is an example of misrepresentation by omission.
C)No,she can't,because Linda is presumed to have read and understood the document.
D)Yes,she can,since the terms correspond to commonly understood principles.
E)No,she can't,because this is a standardized document that has been fully approved.

Question

Quizplus · Accepted Answer

Linda was not made aware of the fact that the insurance policy only covered accidents on public roads. This can be considered as misrepresentation by omission, where the agent did not disclose an important fact that would have influenced Linda's decision to purchase the policy. As a result, Linda can get damages under misrepresentation.

Linda Took Out a New Auto Insurance Policy