coverage it then proceeds in it's taxed too heavy description or definition of uninsured motorist coverage it then without a period perhaps as a comma says or in the proceeds to launch into what is purportedly a description of underage or motors coverage now it's titled uninsured motorist coverage it wants to do a description of all things uninsured motorist coverage is uninsured motorist uninsured motorist coverage canap both uninsured motorist coverage there is no insurance or under insured motorists coverage where there is insufficient liability insurance it was explained to her that if schreiber could get increased coverage if they wanted it there was testimony i think the difference is is that is that the truth i think it was probably her understanding insurance company the notion that each of the individual drivers can alter the amount of uninsured under should notice coverage the only place it's in the record is that alito jaber and there's no record to substantiate it see that there can be true that policy here at the five hundred the other twenty forty it doesn't vary by the individual driver him service or service insurance company may have their agreements with the driver about how much they charge per week for the cab or whatever but this notion that each present something to crack addict what she said when she said each driver was offered whether or not they wish to have more insurance or rather not insured under insured and when they did and they fine and she said a couple of times i don't know who's her someone else couple of times there was a two drivers who said they wanted it and then out within two weeks two months they said they would not want to pay that also true that i think question specifically are the records of this and he evidence of this other than you say that there was not in the inferences are to be construed against them in our favor and question is is there a question of fact when the lady says that the driver is really given the api to need to increase the coverage and you say well you know this is not true where you have to file an affidavit to create the issue and you didn't do it that's a problem see that's what that's what summary judgment is all about the term ambiguous as a as a as a term of art there is a legal legal meaning and that generally is that reasonable people or reasonable person can derive two separate meanings from the same provision is it is that the way we should be analyzing this i believe it in terms of the ambiguity i believe so so what what are the two what are the two different i suggest is an indication of how this court has looked at the statute before and what's required in norris ensured defendant was a sophisticated trucking company he testified i understood the coverage but i you know i didn't want the court said it doesn't matter what the insured understands the focus is on what the insurance company did and there are no worse the forms you may recall talk about the minimum limits be thirty as opposed to twenty the risk manager knew that twenty was the minimum the court said it doesn't here the curia has to comply with th ensured that was given a three ring binder describing an uninsured motorist coverage showing the different rates what the cost would be  our service is not insurance companies they can't provide under insured motorist coverage or uninsured motorist coverage and there's nothing by way of documentation or credible evidence that american service is go a there's there's a way to avoid summary judgment even in the face of testimony because it's just simply unbelievable but but you know let's see that i don't want to say is and pick a rate for a higher limit what's to say that she could well she could but you know but it's unlikely because they're all trying to save money but everybody but is it really impossible our position we didn't have the option is like us you know over in germany and we all speak german we sit on a german restaurant what is this menu we don't understand it yet we can say i have this if we don't speak german we don't know what we're choosing description the description has to be in it and it in the explanation has to be truthful and that's really what it's all about the statutory compliance and i understand applicant a brief description all of the coverage is the opportunity to reject the amount of that coverage down to the minimum mandatory understood and i reject it and she gave the reason why she rejected it was more of it by crossed and frankly in the society we live in brats so that's an important function in the selection of insurance be read to gray and cases and predate the grand cases normal longer carry the day they don't carry the day because the statute has been fundamentally changed  library he raises and i believe for the first time the insurer's obligation with respect to the word  either of those words but the answer here is a brief description he is it provides you with protection up the selected limit for injuries in an accident caused by another nothing the matter with the selection form it sounds not only did the africans and record your honour's they stare at your requires that the information be given to the african and so on there ought to be no claim or complaint that she didn't understand it she said she understood unable to cross examine her could have got there to do something he did appreciate the fact that the court has selected this case and give me an opportunity to address the court thank you for joining me and i wasn't trying to make sure that there are three people here i come to work season if we look in there they had the at risk manager was a sophisticated guy he said he understood it he said i know what i'm doing it didn't matter the court said it doesn't matter the parties can that we have a statute i think that's language in th the parties can that we have the statu you guys are making me hungry so my expert showed all these forms this was easy to do they created the form this was easy to do uninsured motorist no liability under insured motorist coverage insufficient they didn't to listen that really in the body  form it's just and the title that you're saying leads to some other suggestion but the actual description inside that does describe uninsured or and then it goes on to under just inherently flawed well they go together they go together and external completely intertwined i think the languages and were here requesting the court but just you just brought up to the fact that the bar or strike the testimony of jean jim leach sell the insurance industry expert he provided his of his opinion that in the general consumer transaction with insurance there must be an explanation description that's accurate or to inform the consumer he provided examples of other uninsured under church notice rejection forms there's dozens of them there were out there that were available that they clearly describe the coverage as discreetly this is uninsured motorist coverage this is under insured motorists coverage here's the rate shown below there were available the a s i now