ERAChase: Correct. Well put.
I looked through our collection of Auto Insurance books and treatises in the office and didn't see any authored by Patrickt. I'll look again. I'm sure I must have missed it.
I am not professing to be an expert on auto insurance coverage. There are lawyers that actually specialize in Insurance coverage law and coverage litigation. There are auto insurance treatises that deal with the issue of coverage questions as unlike Patrickt we all can't just read the simple little policy and devine all coverage issues and the answers.
Policies are not simple contracts, at least not to me and I have been dealing with insurance companies and claims for 27 years. Policies differ in coverage from company to company in some respects, there are riders and endorsements. Policy regulations may affect coverage. Policy coverage and requirements differ from State to State. Judicial policy interpretation and precedent differs from State to State. For most mortals and even lawyers this can present complicated coverage questions but fortunately I know where I can turn for my answers now. I'll just PM Patrickt my question and a concise simple answer will be forthcoming.
It's not the tire damage and replacement I'm worried about. It's the more extensive damage to my Shelby and more importantly the potential medical bills and injury claims that often come with an accident that would keep me up at night.
I can't speak for other States but in NJ if there is an exclusion and it's clear and conspicuous that will control. The court will not rewrite a better policy for you. However, there is case law in NJ that language needs to be conspicuous and clear.
So here we go..Lets use Patrict's little "trap" as an example....Patrickt, please tell us just how small is that print Patrict in your "Stupid Ass" Cobra Replica and "funky" non DOT tire exclusion and just where is it placed in the policy.?
Also, is there a definition of "Stupid ass" Cobra replica or "funky" non DOT tires in the policy? Bill Boards are really cool and not funky... thats my interpretation.
Since my Cobra is #1 not a "replica" of a Cobra but is a Cobra (I do have THE authoritative source to prove that) and #2 is without question not a "stupid ass" my position is that your little exclusion clearly doesn't apply to me no matter where it was placed and how big the print. However.....you may have a problem my friend as it clearly seems to apply to you since you do have a "replica" according to the most authoritative source on the subject and having two roll bars gives the carrier a leg up on the "Stupid Ass" requirement also. LOL
I'm sure you covered this issue in your insurance treatise though. You did write a Auto Insurance Treatise didn't you????
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