non owner SR22 insurance


This is a specialty insurance for high risk customers who usually have a driving record history of driving under the infuluence, dui, owi, oui or some other ancronym that stands for drunk driving.  It is very expensive and some insurnace companies specialize in it issue.  Insurance companies are a weird beast.  They're entire business is made up of contracts.  They write the contracts and give them to their customers (after the insurance has been approved by a state's insurance commission), and you are to sign them without any imput or negociations.  You power is in the compairison of rates and reputations between the insurance companies offering it.

The type of contract an insurance company offering sr22 insurance is a non-negociateable, take it or leave it type.  These insurance contracts do not permit parol evidence in determining how they apply or are interpreted in different circumstances.  Parol evidence is evidence that exists beyond the four corners of the insurance contract.  For example, let's say an insurance salesman offers an sr22 to a person who has three dui convictions in the past seven years.  The salesman assures the insurance customer that the insurance policy is appropriate for him.  However, the language states that the policy only applies to those with no more than one dui conviction in the past seven years.  While the customer does not read the sr22 insurance policy, he signs it, and thereby attests that he does not have more than one dui conviction within the past seven years.

The misrepresentations of the insurance dealer will not be permitted to come into evidence to prove the agreement, since that evidence directly contradicts the terms of the policy.  The parol evidence of sr22 insurance policies, and contracts in general, must contain language that the terms of the contract are the entire contract between the parties (the insurance company, and the insurance customer).  And further, that no evidence contradiction the terms of the contract will be admissible in court to refute the terms expressly agreed to, and signed in writing.  Under these circumstances, the "parol evidence" of the inurance salesman contradicting the language of the policy regarding the number of dui convictions that the policy permits, will be excluded from evidence.

There is an argument to be made however, that, instead of breach of contract, there is an implied fiduciary duty by the insurance salesman to the customer, not to mislead him.  If such a fiduciary duty were to be found by a trier of fact, a seperate cause of action could be alleged whereby the customer may be entiteled to damages caused by the breach of the same.  The damages would be either, 1) the out-of-pocket cost of the premiums paid, and/or 2) if the customer were in an accident and it were not covered under the policy because of the dui convictions, the damages could be what the customer believed he was getting (insurance coverage), and therefore, the cost of repairs and other damages cuased by that particular accident.

non owner SR22 insurance 

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non owner SR22 insurance


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