Hovkial
Principle: If an insurance policy is written in such a way that a reasonable person seeking insurance would not read it thoroughly before signing it, then the reasonable expectations of the policyholder concerning the policy’s coverage should take legal precedence over specific language in the written policy itself.
Application: The insurance company should be required to cover the hail damage to Celia’s car, even though specific language in the written policy Celia signed excluded coverage for hail damage.
Which one of the following, if true, most justifies the above application of the principle?
(A) Celia is a reasonable person, and she expected the insurance policy to cover hail damage to her car.
(B) Given the way it was written, a reasonable person would not have read Celia’s insurance policy thoroughly before signing it, and Celia reasonably expected the policy to cover hail damage.
(C) The insurance policy that Celia signed was written in such a way that a reasonable person would not read it thoroughly before signing it, but Celia did read the policy thoroughly before signing it.
(D) Celia did not read the insurance policy thoroughly before signing it, and a reasonable person in her position would assume that the policy would cover hail damage.
(E) Celia did not read the written insurance policy thoroughly before signing it, and a reasonable person in her position would not have done so either.
This one is tough.
A and B seem to say the same thing one or the other way.
Is A wrong in saying that Celia is reasonable person?
Anyone?!
A just says that Celia is a reasonable person but does not address the complete pre-requisite part of the principle (highlighted above in bold).
Also, for the principle to be applied, we don't need that policyholder (Celia) to not read the policy thoroughly. A/Any reasonable person seeking insurance not reading the policy thoroughly will fulfill the condition.