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The case of the driver

The case of the driver

Question Description

I’m working on a business law multi-part question and need the explanation and answer to help me learn.

THE CASE OF THE DRIVER WHO HAD ONE TOO MANY

Jon was insured under a life insurance contract policy that excluded death due to suicide. The policy had a face amount of $1 million. Two weeks after taking out the policy, Jon stopped at a local bar to have a ¥w!s he had gotten a promotion that day and his family was depending on that promotion to save their home. Jon left the bar, driving while intoxicated. He was speeding and lost control of his car which hit a utility pole. He was killed immediately. There was no one else involved in the accident. The weather was clear and the road was in good shape and well lighted. Jonàinsurance company refused to pay and Jonàwife sued the company to force payment.

The Trial

Testimony at the trial proved conclusively that Jon was legally intoxicated when he left the party. There was also proof that there was nothing in the policy about lack of coverage in the event of an accident due to intoxication. 

The Arguments at Trial

The insurance companyàattorneys argued that benefit provisions apply only to death due to accidents and that, although Jon appeared to have been in an accident, his death was due to his being intoxicated and therefore not an accident. They further argued that this concept was so logical that it did not need spelling out in the insurance policy. The estateàattorneys argued that because the policy was silent about accidents due to intoxication, the benefit provision should apply regardless of the cause of the accident; the parties had a contract and all exclusions must be spelled out in the contract in order to be effective.

Questions to Discuss

  1. Who do you think has the stronger argument, the insurance company or Jonàestate? Why?
  2. If you were the jury hearing this case, how would you decide? Why?
  3. What do you think the rule regarding coverage of accidents due to use of drugs or excessive alcohol should be? 
Explanation & Answer:
3 Questions
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