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Kelvin has a form of muscular dystrophy ( MD ) that is hereditary but skips generations. Kelvin asked his insurance agent whether the communicable disease
Kelvin has a form of muscular dystrophy MD that is hereditary but skips generations. Kelvin asked his insurance agent whether the communicable disease exclusion in his homeowners policy would preclude coverage for a claim brought by his heirs who might inherit the disease. The insurance agent checked with an underwriter who assured her in writing that the exclusion did not apply to genetically transmitted diseases. Kelvin's grandson was subsequently diagnosed with MD the grandson's parents sued Kelvin for transmitting this disease, and Kelvin's insurer denied the claim, citing the communicable disease exclusion. In this case,
a the agent's errors and omissions insurance will decline to pay the claim because the agent misled Kelvin by relying on the underwriter's interpretation.
b the underwriter's written representation will be admissible in assessing the parties' understanding of the policy language.
c the underwriter's written representation will not be admissible as evidence, and the policy language will stand on its own.
d the underwriter's written representation will not be admissible as evidence unless the written statement was notarized.
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