Duty to Read

"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)

 

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

1922 - American Agency Bulletin, Volume 19

LAW

Legal Cases
2008 - AmerUs vs Smith  - Supreme Court of Alabama Decision -53p

 

Law Reviews
1974 - Law Review - Duty to Read--A Changing Concept, John D. Calamari

 

 

2006 LC DP Johns v MetLife signature