What is the test for a plaintiff to obtain accident insurance when they are injured in a motor vehicle accident?
California, United States of America
The following excerpt is from Weil v. Federal Kemper Life Assurance Co., 27 Cal.Rptr.2d 316, 7 Cal.4th 125, 866 P.2d 774 (Cal. 1994):
Again the courts make clear that they so hold because of the reasonable expectations of the insured. "Generally, insureds purchase accident insurance for the very purpose of obtaining protection from their own miscalculations and misjudgments." (Wickman v. Northwestern Nat. Ins. Co. (1st Cir.1990)1990)
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