In any car accident case, the contents of all insurance policies held by involved parties become of critical importance, read line-by-line very carefully by our Rock Hill car accident lawyers.
Minor clauses contained in the small print could impact the outcome of an entire case. Still, we've known auto insurance companies to vigorously battle claims no matter what the policy indicated.
In the recent case of Nichols v. Zurich Am. Ins. Co., reviewed by the Kentucky Supreme Court, an insurance company attempted to argue that it shouldn't have to pay underinsured motorist benefits because, while it was in the policy, it wasn't supposed to have been!
The legal doctrine the firm applied is called "mutual mistake," which is that both the company and the consumer had agreed to different terms than what was in the contract, and it was not intended for those underinsured motorist benefits to be included. It was an interesting approach - and it almost worked.
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