Question
Dave was approved for automobile insurance coverage despite his history of seizures. As it turns out, the insurance agent forgot to ask him about his
Dave was approved for automobile insurance coverage despite his history of seizures. As it turns out, the insurance agent forgot to ask him about his medical history and Dave did not bother mentioning his seizures. What is the legal position of the insurer?
a) The insurer is still bound to provide coverage because it did not ask Dave about his medical history.
b) The transactions is unconscionable and may be cancelled at the discretion of the insurer.
c) The insurer may not cancel the contract but may increase Dave's premiums to reflect the additional risk he represents.
d) The insurer may deny coverage because applicants for insurance have a positive duty to disclose matters that would be relevant to the risk of accepting the application.
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