Can Langstraat recover from Midwest? Explain.
| ♥ 0 |
Langstraat, age seventeen, owned a motorcycle that he insured against liability with Midwest Mutual Insurance Company. He signed a notice of rejection attached to the policy indicating that he did not desire to purchase uninsured motorists’ coverage from the insurance company. Later he was involved in an accident with another motorcycle owned and operated by a party who was uninsured. Langstraat now seeks to recover from the insurance company, asserting that his rejection was not a valid rejection because he is a minor. Can Langstraat recover from Midwest? Explain. |
Explanation
A minor is allowed to ratify or disaffirm a contract, but not partly. Individual L tried to partly accept the contract and partly reject it. It is not possible since both ratification and disaffirmation can be applied to the whole contract and not parts of it. If Individual L agreed to disaffirm the letter of rejection that they sent to the insurance company, they are entitled to the benefits of the policy. Since Individual L did not disaffirm the notice of rejection, the organization is not responsible for the payment of recovery to Individual L.
Verified Answer
Individual L cannot recover from the organization since Individual L is seeking selective privilege in their capacity as a minor. Individual L only wants to ratify one part of the contract, which is the benefits of the insurance policy, but does not disaffirm the notice of rejection sent to the company.
