[Information Issues] Nari bought a sporty, yellow convertible. She had a teenage son at home, Joon, but she did not plan to let him drive the new car because he had driven her last car into the lake. Embarrassed, Nari decided to change insurers. She went to Big Insurance Company to apply. She got an application from Mark, an agent. Nari was a little nervous because the application asked about other drivers in the home. It also asked if there were any teenagers in the home. Nari decided to answer "no" on both counts because she had no plans to let Joon drive. Nari got full coverage on the car, and the policy was issued shortly after she completed the application. One year later, she renewed the policy without revising any of the information she provided. One month after she renewed the policy, Nari really needed some gas in the car for the next day, but she was unable to go to the gas station. Under the belief that he had sufficiently matured, Nari sent Joon to get gas. Unfortunately, a driver who had no insurance hit the car and totaled it. (Luckily, Joon was okay.) Nari immediately called her agent, Mark. When Mark reviewed the police report, however, he told Nari that there would be no coverage on the car because Joon was driving. Nari said that was completely unfair and that she would take her case to court to be decided by a jury. Nari told Mark that Big Insurance Co. issued the policy and that she was relying on the incontestability clause. Mark told Nari that she was wrong and that based on how disputes were handled under the policy, she would not even see a jury.
-Regarding Nari's reliance on an incontestability clause if typical state laws are in effect, which of the following is most likely true?
A) Nari is correct, and the insurance has been in effect over one year, a sufficient length of time for the incontestability clause to bar any defense by the insurer based on her failure to mention Joon on the application.
B) Nari is incorrect because the incontestability clause does not generally apply until coverage has been in effect for at least two years.
C) Nari is incorrect because the incontestability clause operates to deny her the right to dispute inaccuracies on the application, not as a bar against the insurer.
D) Nari is correct because the incontestability clause acts to bar an insurer from denying coverage in cases in which any driver with permission is driving an insured's vehicle.
E) Nari is incorrect because incontestability clauses were barred by federal law a number of years ago.
Correct Answer:
Verified
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