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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.