I have been an expert witness in quite a number of court cases. That's not my experience of courts!
The courts WOULD say that it's not the insurance company's duty to CHECK what you are doing because, if it WAS, then insurance companies should pay out to repair your car if the accident turns out to be because you were DRUNK at the time.... They WON'T!
The court will NOT ask the insurance company:- 'Did you not CHECK that your customer was DRUNK before you sold him insurance?'
That's very much NOT what they ask!
Nor do the courts decide that you should get 100% pay-out in a total loss of the house contents if you have only insured what turns out to be 80% of the REAL value of the content even though YOU thought your estimate was correct. (It's called the 'Condition of Average')
Nor can you get your payments refunded if the 'value' that YOU placed on the a car turns out to be an over-estimate and you have paid a raised premium BECAUSE of your over-estimate. The
precedent the court had decided is that it's NOT the insurance company's duty to value YOUR car..... if you get it wrong, either way..... TOUGH!
Courts and Insurance claims are NOT nice to the ordinary man!!
Ian
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