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 realise is 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) No, because Linda is presumed to have read and understood the document.
B) Yes, since the terms correspond to commonly understood principles.
C) Yes, since Linda is fully aware of the distinction between public and private.
D) Yes, since this is an example of misrepresentation by omission.
E) No, because this is a standardised document that has been fully approved.

Question

Quizplus · Accepted Answer

Linda may have a case for misrepresentation by omission if the agent did not inform her of the specific limitations of the policy. If the agent presented the terms in a way that was misleading or failed to fully disclose important information, then Linda could potentially seek damages. However, if the agent provided the terms in a clear and transparent manner, and Linda simply failed to read and understand them, then she may not have a case.

Linda Took Out a New Auto Insurance Policy