Lees Summit, MO asked in Car Accidents and Insurance Bad Faith for Missouri

Q: Can my auto GAP deny a claim based on a policy exclusion if they never provided a copy of the policy prior to the claim?

I submitted a GAP claim after my vehicle was deemed a total loss and insurance paid out the fair market value for the car. The GAP insurance company is trying to deny the claim as the vehicle was being driven for a transportation network company, citing their exclusion for commercial use. I never received a copy of the policy: just the subscription page you sign at the dealer during the purchase. Can the exclusion be upheld if there was no way for me to know of it due to the policy never being made available to me (online or paper copy)? Obviously I’m responsible for reading the policy and understanding it, but can that be a reasonable expectation if I’m not provided a copy of the policy?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Yes. You also want to note that your crash was in the course and scope of normal driving. In other words, it wasn't something about your job that caused you to drive on some back road that caused the wreck.

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