Duty of the insured to read an
insurance contract
nobody wants to read their
insurance contract. It's tedious, long, and boring. However, you may want to
read that insurance contract. You may want to read your insurance contract because
the law recognizes that an insured has a duty to read insurance contract as
issued and to determine whether it provides the desired or expected coverage.
Pickering v. Allstate Ins. Co. 254 Ga. App. 27 (2002). If the provisions of the
contract are expressed in unambiguous terms, the insured will be bound by those
terms. He's charged with knowledge of the terms and conditions of the written
policy and particularly to determine whether those terms and conditions are
consistent with the coverage he intended to receive from the insurer. So the
bottom line is we need to read that insurance contract. Of course, this duty to
read the insurance contract into another terms and conditions arises only upon
delivery of the policy to the insured. This only make sense as you cannot know
something that you don't have. If, therefore, the coverages agreed to between
insurer and insured, a loss occurs before delivery of the policy, an insured
will not be bound by the terms contained in the contract to the extent that
they are not consistent with the terms agreed to and which the insurer had a
duty to incorporate into the policy. See Greenway Ins. agency 213 Ga. App. 14
(1994), insurer had a duty to read the application she signed, which clearly
indicated the coverage provided, although copy of the policy had not been
delivered before the covered loss. Contact an Atlanta lawyer if there is a
discrepancy in your insurance policy or you have obtained a policy inconsistent
with what you bargained for. Contact an Atlanta lawyer immediately for help.
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