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Insurance question: Hagerty won’t cover my 993

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Insurance question: Hagerty won’t cover my 993

 
Old 02-09-2019, 09:40 PM
  #31  
il pirata
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Originally Posted by Twilightblue28A View Post
Mark,
Courts do not distinguish between intentional and unintentional misrepresentaion.
Courts test whether the policy application would have been rejected had the true facts had been known.
The omission of a material fact is the basis for the underwriter writing the policy.
If the underwriter knew of the ommision, the policy would not have been issued.
Policies provide provisions for concealment, and misrepresentaion for fraud.
To void the policy on the basis of fraud, the policyholder swore falsely, made a material misrepresentaion, and /or concealed material information.
Did the insured lie to receive an economic benefit??
As I expressed in my earlier post, find an insurer that is willing to underwrite the risk.
I hope this helps.
Your correct. However, if the insurer does not ask the question you are under no obligation to provide information not asked.

Many centuries ago a rule requiring voluntary full disclosure of all relevant information was established in regard to ocean marine insurance.It was a rule of necessity; the insurer had no access to the information and had to rely completely on the applicant. The rule appears to have continued to the present day for marine insurance, but it is not applied to other forms of insurance. In other lines of insurance, it's usually held that the applicant has no duty to disclose unless he is asked. The assumption is that an applicant can assume that facts are not material if the insurer fails to inquire.

Fernandez v. Bankers Nat'l Life Ins. Co., 906 F. 2d 559, 567 n.32 (11th Cir. 1990); Mattox v. W. Fid. Ins. Co., 694 F. Supp. 210,216 (N.D. Miss. 1988)

Specific to the OP's issue, since it was asked if the car was used for DE or autocross full disclosure was required.

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Old 02-10-2019, 01:08 AM
  #32  
Twilightblue28A
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Originally Posted by il pirata View Post
Your correct. However, if the insurer does not ask the question you are under no obligation to provide information not asked.

Many centuries ago a rule requiring voluntary full disclosure of all relevant information was established in regard to ocean marine insurance.It was a rule of necessity; the insurer had no access to the information and had to rely completely on the applicant. The rule appears to have continued to the present day for marine insurance, but it is not applied to other forms of insurance. In other lines of insurance, it's usually held that the applicant has no duty to disclose unless he is asked. The assumption is that an applicant can assume that facts are not material if the insurer fails to inquire.

Fernandez v. Bankers Nat'l Life Ins. Co., 906 F. 2d 559, 567 n.32 (11th Cir. 1990); Mattox v..W. Fid. Ins. Co., 694 F. Supp. 210,216 (N.D. Miss. 1988)

Specific to the OP's issue, since it was asked if the car was used for DE or autocross full disclosure was required.
Thiis is an 11th Circuit case. Did the case go up to the U.S. Supreme Court? I haven't had a chance to read the case, but based on your post, Fernandez v. Bankers National Life Insurance deals with marine insurance.
I'm sure that you are familiar with automobile application terms, conditions and provisions.
I wouldn't want a client omitting a material fact that benefits the policyholder economically at the expense of underwriting.
That is a good way for the insurer to decline coverage at the very minimum.
I agree that the OP's use was asked and disclosure is required.
The court scheduled submission of our briefs Tuesday, February 12, 2019. LOL
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Old 02-10-2019, 01:54 AM
  #33  
Brig993
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Originally Posted by Twilightblue28A View Post
Thiis is an 11th Circuit case. Did the case go up to the U.S. Supreme Court? I haven't had a chance to read the case, but based on your post, Fernandez v. Bankers National Life Insurance deals with marine insurance.
I'm sure that you are familiar with automobile application terms, conditions and provisions.
I wouldn't want a client omitting a material fact that benefits the policyholder economically at the expense of underwriting.
That is a good way for the insurer to decline coverage at the very minimum.
I agree that the OP's use was asked and disclosure is required.
The court scheduled submission of our briefs Tuesday, February 12, 2019. LOL
Excellent points by all...no matter what your feelings are I was asked and fully disclosed my actual use of the car in response to their prompts and questions. Go on their website and see you are asked to check boxes for use. They specifically list driver education, racing, timed events, autocross, ect. along with other use based questions such as driving to work, out to dinner, social events.

I still cannot believe they just wouldn’t specifically exclude track events and limit their coverage to on-road useage ONLY. I’d be ok with that it’s totally reasonable. Then when I want to go on track I can buy track insurance that they offer and be covered under that policy for the day end of story. Instead they do me a “favor” and offer to cover me for liability only (NO collision even on-road)? Thanks but no thanks.
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Old 02-10-2019, 03:33 AM
  #34  
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Originally Posted by e9stibi
Read the policy. This is part of your contract and that is what counts.
Yep
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Old 02-11-2019, 11:04 PM
  #35  
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Originally Posted by dannycf View Post
Have you tried Grundy's?
This. After years with Hagerty, got tired of the rate increases. Grundy is half the price for more coverage.
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Old 02-11-2019, 11:24 PM
  #36  
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hagerty sucks i went to leland west and cut my cost 30%
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Old 02-12-2019, 02:22 PM
  #37  
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Originally Posted by jago View Post
hagerty sucks i went to leland west and cut my cost 30%
hagerty does not "suck", they have a great magazine, but they are too expensive for me.
I find similar coverage for 25% less with leland west.
Hagerty's mag, while good, is not worth $400 a year............
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Old 02-12-2019, 03:36 PM
  #38  
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What would be helpful is a thread seeking data and real past experience from those who've had accidents covered by these companies. Comparing ease and timelines of payouts, both to owners and repair shops, are important, in addition.
to lower premiums.which we all seek.
Hagerty's reputation for delivering is stellar, but so are their premiums.
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Old 02-12-2019, 04:50 PM
  #39  
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I don't think not disclosing HPDE's in order to get daily coverage is insurance fraud if you purchase a separate DE policy (through another provider) to cover your car on track. That way if there's damage, it's the separate DE policy that pays for the damage repair or total. However it's ironic that Hagerty won't insure you because of HPDE participation considering they offer HPDE track insurance through RLI.

Last edited by David993S; 02-12-2019 at 05:34 PM.
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Old 02-14-2019, 05:21 PM
  #40  
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Originally Posted by cgfen
hagerty does not "suck", they have a great magazine, but they are too expensive for me.
I find similar coverage for 25% less with leland west.
Hagerty's mag, while good, is not worth $400 a year............
then you may apply the verb of your choice my good man.
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