[Imari's Imprudence] Imari Was Texting While Driving and Slammed into the Back

question 88

Multiple Choice

[Imari's Imprudence] Imari was texting while driving and slammed into the back of Cody's car. Shortly thereafter she received notice of a lawsuit setting forth Cody's claims for personal injury and property damage. Imari was very busy studying for college and did not feel like dealing with a pesky lawsuit. Several months later, Beatriz, a new agent with the insurer, called Imari and told Imari that she had just heard something about a lawsuit from the Cody's lawyer. Beatriz told Imari that although investigation would be difficult after so many months, she would like to talk with Imari because the trial was scheduled for next week. Imari told Beatriz that she had no time to meet at the moment and that just before court, she would meet with the lawyer the company appointed to represent her. Beatriz told Imari that the insurance company was going to deny coverage. Beatriz also told Imari that vehicle insurance did not typically provide for legal representation and that, in any event, no lawyer would be provided. Finally, Beatriz told Imari that Imari's insurance was cancelled immediately because she was a real jerk and failed to help, that insurance would not pay for accidents that were the fault of Imari anyway, and that the insurer wanted nothing more to do with her.
-Regarding Beatriz's complaint that Imari failed to help, which of the following is true?

• A) Imari had a duty to cooperate with the insurer.
• B) Imari's only duty was to show up for court; otherwise she had no duty to assist the insurer.
• C) Imari's only duty was to show up for a court and for any depositions for which she received a subpoena; otherwise, she had no duty to cooperate with the insurer.
• D) Imari had a duty to assist the insurer and to provide a share of funds to help the insurer in defending her claim.
• E) Imari had a duty to cooperate with the insurer only because it appears that the accident was her fault.

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Definitions:

Liability Insurance

Insurance coverage that protects an individual or entity from the risk of being liable for causing harm or damage to others.

Co-Insurance Clause

A provision in an insurance policy that requires the policyholder to bear a portion of the loss in return for a lower premium.

Insurance Claimed

Insurance claimed involves a request for payment based on the terms of an insurance policy, following a loss, damage, or occurrence covered by the policy.

Actual Value

The true or genuine value of an asset or property, based on factual evidence and market conditions.