Q: How MPIC did not fulfil their duty
A: The MPIC did not fulfil its duty because it did not take sufficient and clear steps to inform the insured of the optional underinsured motorist coverage in such a way that the insured could understand and decide whether to purchase it.
Q: Why MPIC had a duty (From 2019 Fall Q6)
A: MPIC had a duty because 1. as insurer it holds greater expertise (reliance on information); 2. there is a recognized imbalance of information (reliance is reasonable and expected);
Comments
Q: How MPIC did not fulfil their duty
A: The MPIC did not fulfil its duty because it did not take sufficient and clear steps to inform the insured of the optional underinsured motorist coverage in such a way that the insured could understand and decide whether to purchase it.
Q: Why MPIC had a duty (From 2019 Fall Q6)
A: MPIC had a duty because 1. as insurer it holds greater expertise (reliance on information); 2. there is a recognized imbalance of information (reliance is reasonable and expected);