Legal Question in Insurance Law in Georgia

My friend is on his mother's car insurance policy. Since he still owed money on his truck, his mother asked to be covered for anything, since that's what insurance is there for (to help out if something unexpectedly devastating happens). However, the agent at the time decided that inclement weather was a bit TOO unlikely for the area we live in, and did not include it on the policy (without informing my friend's mother). Well, the insurance company lost that bet, since a few tornados hit our part of Northwest Georgia this week, and totaled my friend's truck. Is there anything my friend and his mother can do?


Asked on 4/29/11, 5:37 am

4 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No. Your friend (and mother) are to blame.

The insurance company didn't lose anything. When a person buys insurance, it is the person's responsibility to read the policy and all the paperwork. The state mandates certain forms where a person affirmatively accepts or declines comprehensive, and obviously most people know that weather (as well as theft, vandalism and the like) are common. So when a person declines coverage to save money, they get to pay the damages.

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Answered on 4/29/11, 5:41 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

By the way, almost all loan agreements REQUIRE a person to select comprehensive and collision (full coverage) with certain deductables, so your friend probably is in breach of contract on the loan agreement.

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Answered on 4/29/11, 5:43 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Do about what? If your question is about what is covered in an insurance policy, your friend can read the policy (they should have known what was covered before purchasing it). We don't have it. Otherwise, your post makes little sense. Try posting again, and clearly state what your question is, and the relevant facts. Leave out comments like "lost that bet," that mean nothing.

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Answered on 4/29/11, 5:46 am
Ronald Arthur Lowry Ronald Arthur Lowry

Without seeing the policy itself it is hard to say for sure but I think you ARE covered under the auto policy. That type of coverage is called "comprehensive coverage" and is routinely provided as part of a motor vehicle insurance policy. It has a deductible the amount of which the policyholder picks.It is required to be part of the policy for vehicles that are financed. IMO to not have that as part of the policy in the situation where money is owed on the truck would be negligence on the part of the insurance agent. Look carefully at the Declarations Page and see if "Comprehensive" coverage isn't there. If it is not, call your agent and complain. Ask who his "errors and omissions" carrier is and tell him you want to make a claim on THAT policy.

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Answered on 4/29/11, 6:11 am


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