You Are Both Wrong

Car

After a hit-and-run accident, Lori McDonnell filed a claim with her auto insurer.  Unable to agree on extent of injuries resulting from the accident, the claim went unsettled for over two years.  The auto insurance policy contains a provision requiring the insured to file a suit within two years if the insurer and insured are unable to reach a settlement.  When a suit was filed outside that timeframe, the insurer argued that the two year limitation was fully enforceable while the insured argued that the two year limitation was against public policy.  The court didn’t agree with either.

Read the court case

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