Duty to Read

  • Many Misunderstandings with Reference to its Terms and Conditions might thus be removed.

1922 - American Agency Bulletin, Volume 19

  • D. Duty to Read Policy
    • The Alabama Supreme Court rejected the fraud and negligence claims of an insured who admittedly did not read his policy, reversed a jury verdict in favor of the insured, and  entered judgment in favor of the insurer in AmerUS Life Insurance Co. v. Smith.336
    • On appeal, the court held that a plaintiff who is capable of reading documents, but who does not read them or investigate facts that should provoke inquiry, has not reasonably relied upon a oral representations that contradict the written terms in the  documents.337" 

2009 - RECENT DEVELOPMENTS IN HEALTH INSURANCE, LIFE INSURANCE, AND DISABILITY INSURANCE CASE LAW. Hasman, J., Chittenden, W., Doolin, E., & Wall, J.Tort Trial & Insurance Practice Law Journal, 44(2), 501-549.  (page 544)

2005 0408 - LC - Horton, et al v. Metropolitan Life, et al, Deposition of Darrin Johns ("Johns Dep.") (attached as Ex L), at 5:10- 6:23. case Document 382-1. 8:93-cv-01849, Filed 08/31/2006