Full opinion text
MEMORANDUM OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT ROBERT W. PRATT, Chief Judge. Before the Court are three motions for summary judgment. First, on August 1, 2007, Defendant Landstar Ranger, Inc. (“Landstar”) filed a Motion for Summary Judgment. Clerk’s No. 20. Plaintiffs filed a resistance to Landstar’s Motion on March 6, 2008. Clerk’s No. 33. Plaintiffs filed a supplemental resistance to Lands-tar’s Motion on April 8, 2008. Clerk’s No. 38. Landstar filed a Reply on May 1, 2008. Clerk’s No. 46. Second, on April 11, 2008, Plaintiffs filed a Motion for Summary Judgment against Defendants National Union Fire Insurance Company (“National Union”) and Gallagher Transportation Services (“Gallagher”). Clerk’s No. 40. Plaintiffs filed a “Supplemental Motion for Summary Judgment” against National Union and Gallagher on April 16, 2008. Clerk’s No. 44. National Union and Gallagher filed a resistance to Plaintiffs’ Motion on May 5, 2008. Clerk’s No. 49. Plaintiffs filed a Reply on May 27, 2008. Clerk’s No. 57. Finally, National Union and Gallagher filed a Motion for Summary Judgment against Plaintiffs on May 16, 2008. Clerk’s No. 55. Plaintiffs filed a resistance to the Motion on June 12, 2008. Clerk’s No. 60. National Union and Gallagher replied on June 27, 2008. A hearing was held on all pending motions for summary judgment on July 16, 2008. Clerk’s No. 69. The matters are fully submitted. I. FACTUAL BACKGROUND Landstar is an interstate trucking company that independently contracts with individual truck owners and operators to transport freight. Landstar’s Statement of Material Facts (hereinafter “Landstar’s Material Facts”) ¶ 1. At all times relevant to this case, Timothy Merriam (“Merriam”) was an owner-operator, working as an independent contractor for Landstar. National Union’s and Gallagher’s Statement of Material Facts (hereinafter “Gallagher’s Material Facts”) ¶ l. In order to haul for Landstar, every independent contractor is required to provide Landstar with verification that he or she is covered, amongst other things, by a qualified accident or workers’ compensation policy. Landstar’s Material Facts ¶ 2. If an independent contractor meets certain criteria as articulated by Landstar in the “Independent Contractor Operating Agreement” (the “Contract”), that independent contractor may elect to obtain a blanket trucker’s occupational accident policy, also known as a “Contractor Protection Plan” (“CPP”), in lieu of either traditional workers’ compensation coverage or the occupational accident insurance. Landstar’s Material Facts ¶ 6. Prior to entering the Contract with Landstar, Merriam had been employed for many years as an over the road trucker for other trucking companies and, as such, had never been required to obtain his own insurance coverage. Pis.’ Statement of Additional Material Facts which Preclude Summ. J. (filed in response to Landstar’s Motion for Summary Judgment, hereinafter “Pis.’ Additional Facts”) at ¶A1-B2. Merriam had also never sustained an on-the-job injury that would have familiarized him with the benefits of a workers’ compensation policy. Id. at ¶A3. In 1999, Merriam began the qualification process to become an Independent Contractor with Landstar. Id. ¶131. This process was handled entirely by mail. Merriam’s contact during the qualification process was a Landstar employee named Kevin Elder (“Elder”), who had offices in Texas and Missouri. Id. at ¶ B3. Elder mailed Merriam a packet of information which contained highlighted documents to be filled out and returned and which also contained a flier outlining CPP coverage available through Gallagher. Id. at ¶ B4; Elder Dep. at 22-23. There is no dispute that Elder did not provide fliers or information about the two other options for insurance coverage, i.e., workers’ compensation or occupational accident coverage. Elder Dep. at 28 (Q: “In the paperwork that you would send the trucker interested in leasing out to Landstar, did you provide any options for workers’ compensation coverage as opposed to CPP coverage?” A: “Not that I remember, no, sir.”). There is also no dispute that Merriam and Elder never discussed what insurance coverages were necessary before Merriam could successfully complete the qualification process or the distinctions between workers’ compensation, occupational accident, and CPP coverage. Pis.’ Additional Facts ¶ B5, Pis.’ Response to Landstar’s Material Facts ¶ 7. It is also true that Merriam never inquired about his options for insurance coverage, despite the provisions in the Contract discussing requirements for insurance and alternatives regarding what would satisfy those requirements. Landstar’s Response to Pis.’ Additional Facts ¶ B5. Additionally, Merriam admits that he obtained additional insurance coverage required by the Contract, i.e., “bobtail insurance,” on his own without assistance from Landstar. Merriam Dep. at 290 (Q. “Did you obtain your own bobtail insurance then?” A. “Yeah.”). Elder testified that if any driver going through the qualification process had questions about CPP coverage or about Lands-tar’s insurance requirements generally, he would “refer them on down to — to Jacksonville, Florida to the home office to the — the—there was a person down there. We had a contact that handled the CPP and they would work with them, either explain more to ‘em about the CPP or other options.” Pis.’ Additional Facts ¶ 9. Elder further testified that he thought that the “contact,” Cindy Chambers, was actually “with Gallagher but [her office was] at headquarters there at Landstar.” Elder Dep. at 25. Regardless of Plaintiffs’ understanding of the distinctions between types of insurance coverage, Merriam applied for and obtained a CPP policy from National Union, purportedly under the belief that it was the only option available to him since it was the only “offering” included in the packet of materials provided by Elder. Landstar’s Material Facts ¶ 11; Gallagher’s Material Facts ¶ 4. Merriam’s CPP policy had an effective date of January 1, 2005. See Landstar’s App. at 47. The policy contained coverage for “occupational accident benefits,” as well as for “non-occupational accident benefits.” Id. at 48-49. Plaintiffs claim it was Merriam’s understanding that the CPP plan would provide coverage any time he was outside his truck and that it would also provide death benefits to his wife if he was killed while driving. Pis.’ Additional Facts in Response to National Union’s and Gallagher’s Mot. for Summ J. (hereinafter “Pis.’ Additional Facts II”) ¶ 8. On January 2, 2004, Plaintiffs received a letter from Gallagher, the claims adjuster for National Union insurance policies, stating: “It is important for you to note the occupational accident insurance policy you have purchased does NOT provide workers compensation coverage in accordance with any state’s workers’ compensation act. It is not intended as a workers’ compensation policy and will NOT satisfy any state law that may require you to obtain workers’ compensation insurance.” Landstar’s App. at 3 8. While Merriam never received a physical copy of the CPP insurance policy itself, he did receive a copy of the Schedule of Benefits for the policy, along with the January 2, 2004 letter from Gallagher. Pis.’ Additional Facts II ¶4. The January 2, 2004 letter from Gallagher informed Merriam that he could “obtain a copy of the insurance policy that outlines the terms, conditions and exclusions (a/k/a Contractor Protection Plan or “CPP”) either via the Internet or by contacting the Gallagher Insurance Coordinator at Gallagher Transportation.” Landstar’s App. at 38. The letter provided both a contact phone number and an internet address. Id. In the month of March 2005, Merriam was employed as an Independent Contractor with Landstar, and he was covered by the CPP policy issued by National Union. On March 24, 2005, Merriam picked up a load in Sparks, Nevada destined for Cedar Rapids, Iowa. Pis.’ Additional Facts II ¶ 2. After leaving Sparks, he traveled to Pine Bluffs, Wyoming where he took a three-day fishing trip. Pis.’ Additional Facts ¶ C2; Gallagher’s Material Facts ¶ 16. On March 29, 2005, Merriam brought his load into Iowa and stopped at his home in Boone, Iowa on a federal Department of Transportation (“DOT”) break. Lands-tar’s Material Facts ¶ 14. Merriam’s home is a three acre parcel located just west of Boone, Iowa. Pis.’ Additional Facts ¶ 1. He claims that it was not uncommon for him to stop and take his “on duty, not driving” DOT breaks at his Boone home while en route with a load to Cedar Rapids. Pis.’ Additional Facts ¶ 4. Merriam also claims that it “was not necessary for him to deviate at all off of his normal route back to Cedar Rapids along Highway 30” in order to stop at his home in Boone. Pis.’ Additional Facts II ¶ A5. Regardless, Merriam’s property had two driveways, one purportedly for his personal use vehicles and one he constructed in 1999 for purposes of parking his tractor/trailer between loads or when taking a break while fully loaded. Pis.’ Additional Facts ¶ 6. At some point prior to March 29, 2005, an underground waterline that ran, at least in part, under the tractor/trailer driveway was damaged by livestock the Merriams kept on their acreage. Id. ¶ 9. A backhoe was utilized to dig up and repair the waterline, and the hole left behind was refilled after the project was completed. Id. ¶ 9. During the winter months, the ground where the repairs had been made remained relatively even, but on March 29, 2005, when Merriam stopped at his residence, he discovered that a sinkhole had developed where the waterline had been repaired in the tractor/trailer driveway. Id. ¶ 10. Merriam claims that, in an attempt to avoid getting his tractor/trailer stuck in the wet, muddy ground created by the sinkhole, he parked his tractor/trailer on the roadway and got his 1955 International dump truck in order to make repairs to the driveway. Id. ¶ 11-12. The dump truck “already had a load of gravel thereon,” and Merriam “proceeded to fill the [sink]hole with gravel so that he could effectively park his loaded rig on the specially created driveway.” Id. After dumping gravel into the sinkhole, Merriam was unable to get the raised bed of the dump truck to return to its neutral position. Id. ¶ 13. After manipulating the controls inside the cab of the dump truck, he stepped outside the cab and reached across the frame of the truck to ensure that the “PTO cable” was not bound up. Id. While reaching across the dump truck frame, the bed of the truck fell on the left side of Merriam’s head, his left shoulder, and his left arm. Id. ¶ 14. Merriam sustained severe injuries for which he has undergone multiple surgeries; however, his left arm remains entirely nonfunctional. Id. ¶ 17. Plaintiffs claim that Merriam has incurred medical expenses in excess of $400,000 and has been deemed permanently disabled by the Social Security Administration. Id. Plaintiffs assert that “[bjecause they had never been provided with a copy of the [CPP] policy before Timothy Merriam was injured on March 29, 2005, [they] did not even have a clear appreciation of the existence of that policy at the time of [Merriam’s] injury.” Pis.’ Additional Facts ¶ D4. Plaintiffs further claim that they “called Landstar Ranger, Inc. and Mick Ellis, Tim Merriam’s dispatch agent after the injury and both Landstar Ranger and Mick Ellis told them there was no insurance coverage available.” Pis.’ Additional Facts ¶ D4. Regardless of the reasons for the delay, Plaintiffs did not contact Gallagher about Merriam’s injuries until August 30, 2005. Gallagher’s Material Facts ¶ 24. While it is unclear whether Merriam or his wife called Gallagher to report Merriam’s injuries on August 30, 2005, an employee of Gallagher named Carolyn Miller (“Miller”) filled in an “Occupational Accident Plan Claim Call-in Sheet” (“Call-in Sheet”) on that date. Gallagher App. at 27. The Call-in Sheet recites Merriam’s name, date of birth, phone number, and reports his address as 1915 West 1 st Extension, Boone, IA. Under the heading, “Accident Information,” the Call-in Sheet states that the accident occurred on March 29, 2005 at 10:00 a.m. The “Accident Location” is listed as “727 Linn Street, Boone, IA.” Under “description of Accident,” the Call-in Sheet states “in driveway (1955 Int’l) went to lower bed — it wouldn’t come down^ — -reached across frame then bed just came down — crushed arm. Spouse took to ER from personal vehicle.” Id. In the “Reserves” section of the Call-in Sheet, Miller set reserves for Merriam’s accident at $7,500 medical, $0 disability, and $50.00 for expenses, noting that Merriam was “in personal vehicle at home.” Id. Miller reported the information from the Call-in Sheet to Marcy Jordan (“Jordan”) and a claim was opened for Merriam’s case the same day, August 30, 2005. Gallagher’s Material Facts ¶ 29. In her claim notes for the case, Jordan recounted the information from the Call-in Sheet, stating that “[ijnsured stated he was in his personal car at home,” and stating that “[Gallagher] confirmed current coverage for [date of loss] of 3/29/05 under CPP policy ... policy limit max $1,000,000.” Gallagher App. at 32. Jordan further noted that the “[c]laim[] appears to be a[ ] Non-Occupational claim if Insured was in his own personal vehicle, as he stated.” Id. On August 30, 2005, Jordan sent Merriam two letters, enclosing several documents — including an Accident Fact Sheet, Medical Claim Form, HIPPA authorization, request for Proof of Loss, and Reimbursement Agreement — for Merriam to fill out and return in order for Gallagher to gather more information about his claim. Gallagher’s Material Facts ¶ 31. Jordan also sent an inquiry to Bonnie Stewart of Landstar requesting information about Merriam’s load and insurance status at the time of the injury. Id. ¶ 32. Stewart responded by fax on September 2, 2005, stating only that Merriam was “[tjerminated 03/30/05.” Id. ¶ 33. Jordan also conducted a tractor history inquiry on Merriam’s tractor through the Landstar system on September 2, 2005, which stated that Merriam picked up his load on March 24, 2005 and delivered it in Cedar Rapids on March 28, 2005, the day before Merriam’s injury. Id. ¶ 34. On September 7, 2005, Jordan called Landstar to confirm the freight billing ticket number provided to Gallagher by Merriam but was informed that the number Merriam provided was a phone number, not a freight billing ticket number. Id. ¶ 35. Additionally, Landstar informed Jordan that it had no information regarding an accident for the date of March 29, 2005. Id. On September 20, 2005, Jordan requested and obtained an “activity check” of Merriam by First Advantage Investigative Service. Id. ¶ 36. On September 21, 2005, Brenda Cullman (“Cullinan”), the Branch Manager at Gallagher, made a short entry in the claims notes which stated, “pending medical claim form, non-occupational claim.” Gallagher App. at 33. On September 23, 2005, Jordan received from Merriam, by fax, the completed Medical Claim Form, HIPPA Authorization, Reimbursement Agreement, Accident Fact Sheet, and a list of treating doctors. Gallagher’s Material Facts ¶ 39. The Accident Fact Sheet, which was filled out in large part by Justine Merriam, stated Plaintiffs’ home address as “1915 West 1st Extension, Boone, Iowa,” but again stated the location of the accident as “727 Linn St. Boone, Iowa 50036.” Gallagher App. at 47. Likewise, the “Medical Claim Form,” which was filled out by Justine Merriam, stated that Plaintiffs’ home address was “1915 West First Extension,” but that the “accident oe-cur[ed]” at “727 Linn St. Boone, IA.” The Medical Claim Form states that the accident happened when “bed of truck came down on my left arm, shoulder, and hit me in the left side of my head.” Gallagher App. at 48. In response to the question, “Is the claim the result of a work related injury?”, Plaintiffs checked the “yes” box. Id. On the back of the form, however, in an area completed by Merriam’s physician, the “no” box is checked in response to the question, “Was this illness or injury work related.” Id. at 49. On September 27, 2005, Jordan took handwritten notes during a conversation with Merriam. Therein, she notes that the “International [dump truck] is not leased to Landstar ... own personal vehicle when accident occurred.” Gallagher App. at 42. Jordan made an extended entry in the case claim notes on September 29, 2005, stating: Insured called 515^132-6868 RE: disability benefits. Insured reported claim on 8/30/05 regarding date of accident of 3/29/05. On 9/26/05 GBS [Gallagher] received the Insured’s completed medical claim form signed on 9/22/05 and list of drs name and address for claims processing for disability benefits. Insured stated he has waited a week, he stated he called last week and was told an adjuster would have an answer. I explained I am the adjuster & just received this information. Insured went over information he reported on 8/30/05 to Carolyn Miller, GBS claims assistant. Today Insured clarified that he was at home in Boone, IA in his driveway, in his own personal vehicle, 1955 international which is a dump truck, which is not leased to Landstar & he clarified that, he went to lower bed, it wouldn’t come down, crushed his left arm. Insured also stated he had a Landstar dispatch/load in his other semi, # 544815, which is leased to Landstar, at time of accident, so insured stated he believes he should receive OCCUPATIONAL benefits for injury which occurred while in HIS OWN personal vehicle. I explained under this policy there are NON Occupational benefits, for medical benefits max limit $7,500.00 which may be available for this injury of 3/29/05, but gbs will review all information to make determination. GBS has not received any medical bills nor accident. Insured stated he is very upset, as he stated, he should be able to get disability benefits for this claim, as he paid premiums, for years (5). Insured stated reason he did not call GBS at time of accident was he was not aware of this CPP policy (TRK 9028670) and his own agent had lied to him, as well as Landstar, and now GBS does not want to pay his claim, which he stated should be paid no matter what if he is dispatched with a load. Insured at one time stated he does have a lawyer, but when I asked for his name, insured stated No I don’t know his name. I confirmed GBS received on 9/26/05 indication by insured, on his accident fact sheet “N/A” on Attorney inquiry. Insured stated he does not have attorney at this time.... I confirmed claim will be reviewed for eligibility of benefits under CPP plan. Claim will also be reviewed by Brenda Cullinan, GBS branch manager, and I asked if insured would like to speak to Branch manager at this time, at ext 8883, since Insured stated I had already made up my mind. However, insured “NO”, “I do not want to go over this entire claim with someone else.” I confirmed claim will be properly review for eligibility of benefits and administered according to policy requirements, provisions, and limitations. I suggested insured put in writing to GBS for clarification, a statement of where in was at time of injury, what insured was doing at time of accident and what happened to insured at time of accident. Gallagher App. at 32-33. On October 7, 2005, Jordan made another entry in the claims notes: 9/29/05 GBS called Landstar agent Mike with Glenn & Donna, owner broker agency ... who stated had spoken with Insured sometime after the accident ... and told him he may not have coverage for this accident, as insured was in his own personal vehicle at time of accident. May have led down wrong path. I(GBS) explained under this policy there is Non Occupational benefits which may be available to NON OCC injuries. GBS would review for eligibility of benefits. * * 9/29/05 GBS called insured who stated one of the reasons he had reported this injury to GBS is because he did not know of coverage and thought Social Security benefits would be available for this injury but has been turned down by SS, per insured. To expedite this matter I(GBS) suggested Insured send copies of medical records which he may still have sent to SS for GBS review. Insured stated, he really did not see the point unless he knew for sure he would qualify for TTD [temporary total disability] benefits. Gallagher App. at 34. According to the claims notes, on September 30, 2005, Gallagher received a package from Merriam containing medical records and a letter from James Ellis of Landstar stating that Merriam was under load at the time of his injury and that the load in question was picked up by Merriam on March 25, 2005 and delivered by another driver on March 30, 2005. Gallagher App. at 34; Gallagher’s Material Facts ¶ 63. On October 3, 2005, Jordan received a driver’s log from Merriam stating that on March 29, 2005, at 10:00 a.m., Merriam reached Boone, Iowa and went to “ON DUTY, not driving status.” Gallagher’s Material Facts ¶ 64. On October 3, 2005, Jordan also received the requested written statement from Plaintiffs detailing what happened on the date of his injury. Gallagher’s Material Facts ¶ 770. That written statement provided: On March 29, 2005,1, Tim Merriam, was under a load from Sparks, Nevada to Cedar Rapids, Iowa.... So, I was currently under the load freight bill # JCL # 7457045. I was unable to deliver the load due to my accident, so Mick Ellis (operations manager/dispatcher) of Cedar Rapids, Iowa CED, made arrangements for another driver to pick up the load.... On March 29, 2005 approximately between the hours of 10:00 and 11:00 am, I stopped at my house in Boone, Iowa on duty not driving to work on my truck. I went and unloaded a load of gravel with my 1955 International dump truck (old grain truck). I raised and tried to lower the bed of the truck four or five times. The bed would not come down. I reached across the frame of the truck with my left arm, the truck bed slammed down (with a load of gravel still on it) hitting me in the left side of my head splitting it open to the skull and pinning my left arm over the frame of the bed crushing me across the left shoulder and back. Gallagher App. at 58. On October 17, 2005, Jordan again spoke to Merriam regarding the circumstances of his accident, specifically about the gravel he was spreading at the time. Gallagher’s Material Facts ¶ 74. In handwritten notes of the conversation, Jordan wrote: Gravel — 2 tons — from Gravel Pit in Boone, IA — unloading gravel (at own resident into driveway) “receipt for gravel” — “I guess so” rep Ins. I asked Mr. Merriam for receipt for Gravel for his own personal use to put on his own driveway. Insured stated— gravel was not a load for anyone for gain. Mr. Merriam is currently in Hospital for reconstruction of arm. Gallagher App. at 61. On October 20, 2005, Jordan added to her handwritten notes the following: “Brenda — Please review — If covered. I believe this is only Non-Occ — Med only $7500. However — he has OI — for medical. Brenda — Insured was not performing ‘OCC serv for the contractee.’ Would there be a ‘paralysis benefit’ to be considered under Non-OCC? ?” Gallagher App. at 61. On October 21, 2005, Cullinan sent Jordan an e-mail stating: “This is a nonoccupational claim. Benefits would be $7500 medical. If insured is paralyzed as a paraplegic, will need medical records to verify that it is permanent. Maximum benefit would be $15000 for paraplegia.” Gallagher’s Material Facts ¶ 114. On October 21, 2005, Jordan issued a letter to Merriam conveying Gallagher’s decision to pay his claim under the non-occupational provisions of his CPP policy. Id. ¶ 115. Merriam called Jordan on October 26, 2005, stating he wanted to go over the reason for the determination that benefits would be non-occupational, rather than occupational. Id. ¶ 116. Merriam reiterated to Jordan his belief that, since he was under load at the time of his injury, he should receive occupational benefits. Id. ¶ 117. Merriam stated that he would like to appeal the decision, noting that “he stopped at home while under a load in leased semi, and emptied his own personal dump truck (not leased to contractee) with gravel onto his drive-way since he parks his semi there in his driveway.” Id. ¶ 118. He further stated that he was entitled to occupational benefits if he was under load, regardless of what he was doing at the time of his injury. Id. ¶ 119. Jordan informed Merriam that he should inform the Branch Manager, Cullinan, in writing, of the grounds on which he claimed occupational benefits should be awarded, including any relevant facts or quotes from his CPP policy. Id. ¶ 120. Merriam never submitted additional written statements to Cullinan or anybody else from Gallagher regarding his basis for believing his claim should be paid as occupational. Id ¶ 121. On November 17, 2005, Jordan made an entry in the claim notes requesting that Cullinan review Merriam’s claim for paralysis benefits since medical records supported a conclusion that Merriam’s left arm had been paralyzed since March 29, 2005. Id. ¶ 122. Cullinan responded that no paralysis benefit was payable under the CPP policy because the policy required paralysis in at least two limbs for benefits. Id. ¶ 123. Jordan sent Merriam a letter on November 22, 2005, quoting the CPP policy and informing Merriam that he was not entitled to benefits for paralysis to his arm. Id. ¶ 124. On January 31, 2006, Justine Merriam called Gallagher and reported she would be sending in medical bills for payment. Id. ¶ 125. Plaintiffs eventually made $3,812.83 in reimbursement claims to Gallagher. Gallagher paid these claims under the non-occupational benefits of the CPP policy. Id. ¶¶ 125-128. II. SUMMARY JUDGMENT STANDARD Summary judgment has a special place in civil litigation. The device “has proven its usefulness as a means of avoiding full-dress trials in unwinnable cases, thereby freeing courts to utilize scarce judicial resources in more beneficial ways.” Mesnick v. Gen. Elec. Co., 950 F.2d 816, 822 (1st Cir.1991). In operation, the role of summary judgment is to pierce the boilerplate of the pleadings and assay the parties’ proof in order to determine whether trial is actually required. See id.; see also Garside v. Oseo Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990). “[Sjummary judgment is an extreme remedy, and one which is not to be granted unless the movant has established his right to a judgment with such clarity as to leave no room for controversy and that the other party is not entitled to recover under any discernible circumstances.” Robert Johnson Grain Co. v. Chem. Interchange Co., 541 F.2d 207, 209 (8th Cir.1976) (citing Windsor v. Bethesda Gen. Hosp., 523 F.2d 891, 893 n. 5 (8th Cir.1975)). The purpose of the rule is not “ ‘to cut litigants off from their right of trial by jury if they really have issues to try,’” Poller v. Columbia Broad. Sys., Inc., 368 U.S. 464, 467, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962) (quoting Sartor v. Ark. Natural Gas Corp., 321 U.S. 620, 627, 64 S.Ct. 724, 88 L.Ed. 967 (1944)), but to avoid “useless, expensive and time-consuming trials where there is actually no genuine, factual issue remaining to be tried.” Anderson v. Viking Pump Din., Houdaille Indus., Inc., 545 F.2d 1127, 1129 (8th Cir.1976) (citing Lyons v. Board of Educ., 523 F.2d 340, 347 (8th Cir.1975)). The plain language of Federal Rule of Civil Procedure 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The precise standard for granting summary judgment is well-established and oft-repeated: summary judgment is properly granted when the record, viewed in the light most favorable to the nonmoving party and giving that party the benefit of all reasonable inferences, shows that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994). The court does not weigh the evidence nor make credibility determinations, rather the court only determines whether there are any disputed issues and, if so, whether those issues are both genuine and material. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Wilson v. Myers, 823 F.2d 253, 256 (8th Cir.1987) (“Summary judgment is not designed to weed out dubious claims, but to eliminate those claims with no basis in material fact.”). It is the unusual case where the party shouldering the burden of proof prevails on a summary judgment motion. See Turner v. Ferguson, 149 F.3d 821, 824 (8th Cir.1998) (“Summary judgments in favor of parties who have the burden of proof are rare, and rightly so.”). The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact based on the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any. See Celotex, 477 U.S. at 323, 106 S.Ct. 2548; Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Once the moving party has carried its burden, the nonmoving party must go beyond the pleadings and, by affidavits or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is genuine issue for trial. See Fed. R.Civ.P. 56(c), (e); Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548; Anderson, 477 U.S. at 257, 106 S.Ct. 2505. “[T]he mere existence of some alleged factual dispute between the parties will not defeat a motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson, 477 U.S. at 247-48, 106 S.Ct. 2505 (emphasis in original). An issue is “genuine,” if the evidence is sufficient to persuade a reasonable jury to return a verdict for the nonmoving party. See id. at 248, 106 S.Ct. 2505. “As to materiality, the substantive law will identify which facts are material.... Factual disputes that are irrelevant or unnecessary will not be counted.” Id. III. LAW AND ANALYSIS A. Landstar’s Motion for Summary Judgment Plaintiffs assert three claims against Landstar: 1) negligent misrepresentation; 2) fraudulent misrepresentation; and 3) assumed duty under Restatement (Second) of Torts § 323. Landstar moves for summary judgment on all three claims, asserting a variety of theories in support of its motion. 1. Counts I & II: negligent and fraudulent misrepresentation. Count I of Plaintiffs’ Amended Complaint asserts that Landstar is liable for negligent misrepresentation. Specifically, Plaintiffs claim that Landstar made the following material misrepresentations to them: 1) In representing to the Merriams that there was no insurance coverage which would compensate them in whole or in part for the serious and permanent injuries sustained by Timothy Merriam as well as the financial losses associated with that injury; 2) In assuming there was no coverage when it lacked the training and education to make such a determination; [and] 3) In making the representation that there was no insurance coverage available when it had not done a complete and adequate investigation with regard to the scope of coverage under the “blanket trucker’s occupational accident insurance policy” or the particulars of Timothy Merriam’s injury. Am. Compl., Count I ¶ 16. Plaintiffs’ Amended Complaint asserts that Lands-tar’s false representations were “a proximate cause of Plaintiff[s’] delay in formally making a claim under the CPP policy and that ‘Plaintiffs later were told by [National Union and Gallagher] that [their] claim was not timely made and ... that fact formed the basis, in whole or in part, for [the denial of Plaintiffs’ claim].’ ” Id. ¶ 17. In Count II of Plaintiffs’ Amended Complaint, Plaintiffs allege that Landstar’s misrepresentations, as articulated in Count I, “were known to be false at the time they were made or were made with reckless disregard as to their falsity.” Am Compl., Count II ¶ 4. Plaintiffs claim that Lands-tar’s false representations “were a proximate cause of Plaintiffs’ delay in formally making a claim” under the CPP policy and that the failure to timely file a claim was the basis for the denial of benefits thereunder. Id. ¶ 7. Plaintiffs now concede that their claim for insurance benefits under the CPP policy was not denied for being untimely. Indeed, Plaintiffs affirmatively state in their resistance to Landstar’s motion for summary judgment, “In light of the admission contained in Defendant’s motion for summary judgment that Timothy Merriam’s claim under the National Union Blanket Truckers’ Occupational Accident Policy was not denied because it was untimely filed, Plaintiffs are withdrawing that component of their negligent and/or fraudulent misrepresentation claim.” Pis.’ Resistance Br. at 1. Interestingly, the only assertion of harm in Plaintiffs’ Amended Complaint is the allegation that Landstar’s misrepresentations caused Plaintiffs’ claims to be denied as untimely. Nonetheless, Plaintiffs now claim in resistance to Landstar’s Motion for Summary Judgment that, “In essence, Plaintiffs claims against Landstar [ ] focus on the fact that Landstar [ ] assumed the duty of advising truckers of their need for certain types of insurance coverage but failed to educate those truckers as to which type of policy would provide the trucker with the best protection from injury that might occur in conjunction with his self-employed trucking enterprise.” Pis.’ Resistance Br. at 1. Lands-tar, likewise, contends that Plaintiffs’ Amended Complaint alleges that: 1) “representatives of Landstar made and/or failed to make several representations which caused [Plaintiffs’] injury”; 2) “Landstar failed to advise [Merriam] about the limits of coverage under the CPP policy”; and 3) “Landstar failed to advise [Merriam] that he should obtain workers’ compensation coverage in addition to or in lieu of the CPP policy.” Landstar’s Br. at 8. While the Court does not believe that Plaintiffs have properly alleged any of the matters referenced above as a basis for their negligent or fraudulent misrepresentation claims against Landstar, the Court will nonetheless address the merits of Plaintiffs’ arguments in this regard. The Iowa Supreme Court has identified the following factors as requisites to success on a claim of negligent misrepresentation: The elements for the tort of negligent misrepresentation are: (1) One who, in the course of his business, profession or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information. (2) ... [T]he liability stated in Subsection (1) is limited to loss suffered (a) by the person ... for whose benefit and guidance he intends to supply the information ...; and (b) through reliance upon it in a transaction that he intends the information to influence.... Barske v. Rockwell Int’l Corp., 514 N.W.2d 917, 924 (Iowa 1994); see Iowa Civil Jury Inst. 800.1 (“Negligent Misrepresentation — Where no public duty to give information exists — Essentials for Recovery”). The elements for the tort of fraudulent misrepresentation are similar in many regards to the elements of negligent misrepresentation. A plaintiff seeking to hold a defendant liable for fraudulent misrepresentation must demonstrate: 1) a representation; 2) that the representation was false; 8) that the representation was material; 4) that the defendant knew the representation was false; 5) that the defendant intended to deceive the plaintiff; 6) that the plaintiff justifiably relied on the representation; and 7) that the representation was a proximate cause of plaintiffs damage. Smidt v. Porter, 695 N.W.2d 9, 22 (Iowa 2005); see also Iowa Civil Jury Instr. 810.1. a. Negligent misrepresentation: Did the Defendant owe a duty of care? “As with all negligence actions, an essential element of negligent misrepresentation is that the defendant must owe a duty of care to the plaintiff.... [Tjhis means the person who supplies the information must owe a duty to the person to whom the information is provided.” Sain v. Cedar Rapids Comm. Sch. Dist., 626 N.W.2d 115, 124 (Iowa 2001) (holding that the defendant must “be in the business or profession of supplying information for the guidance of others” to sustain negligent misrepresentation claim); see also Jensen v. Sattler, 696 N.W.2d 582, 588 (Iowa 2005) (“Absent a special relationship giving rise to a duty of care, a [claimant] cannot establish negligent misrepresentation.”). The Iowa Supreme Court has “determined that this duty arises only when the information is provided by persons in the business or profession of supplying information to others.” Id. (citing Hendricks v. Great Plains Supply Co., 609 N.W.2d 486, 492 (Iowa 2000)). Thus, in determining whether a duty of care arises in this case, the Court must “distinguish between those transactions where a defendant is in the business or profession of supplying information to others from those transactions that are arm’s length and adversarial.” Id. (citing Molo Oil Co. v. River City Ford Truck Sales, Inc., 578 N.W.2d 222, 227 (Iowa 1998)). “The facts to support the tort ... have traditionally arisen only in the context of commercial transactions.” Id. at 125. The Court determines whether Landstar was in the business or profession of supplying information to others as a matter of law. Fry v. Mount, 554 N.W.2d 263, 265 (Iowa 1996). In so doing, the Court evaluates several factors: 1) whether there is a “special relationship” between Landstar and Merriam; 2) whether Landstar was acting in an advisory capacity such that it should have been manifestly aware of the use to which Merriam would put the information, and whether Landstar intended to supply the information for that purpose; 3) whether Landstar had a pecuniary interest; and 4) whether Landstar supplied insurance information to Merriam gratuitously or incident to other more central functions or services. Sain, 626 N.W.2d at 124. Plaintiffs admit that they must demonstrate that Landstar was in the business or profession of supplying information to sustain their negligent misrepresentation claim. Pis.’ Resistance Br. at 15. To support such a finding, Plaintiffs argue that Landstar “is in the business of recruiting self-employed over the road truck drivers to lease out to it as independent contractors” and that Landstar “has an entire qualification process set up with multiple qualification centers throughout the country.” Id. at 16. Plaintiffs further state that, as part of this process, it was Elder’s “job to provide information either in person, through the mail or through fax which would allow a self-employed over the road trucker to successfully go through the qualification process.” Id. In so doing, Elder provided a packet of information, which included a one-page acceptance form and a promotional flyer concerning CPP, making it “convenient and easy” to obtain CPP coverage. Id. at 16-17. Furthermore, Plaintiffs contend that, “in conjunction with the qualification process, Landstar Ranger had its own insurance department within its corporate headquarters in Jacksonville, Florida where all insurance inquiries were directed” and thus, had “set up a structure to provide information on insurance.” Id. at 17. In summary, Plaintiffs argue: Landstar provides the information to truckers who are considering an affiliation with Landstar [ ] so as to make it easy for them to become an independent contractor.... The more such independent contractors it has on the roadway, the more money Landstar [ ] makes. In this context, its trucking independent contractors on the road are consistently exposed to the risk of injury or death. Workers’ compensation insurance coverage or some form of insurance coverage to protect that trucker and his family in the event of such a catastrophic injury or loss should be paramount in the discussions. Landstar is clearly in the business of supplying information about what is necessary to become qualified as an independent contractor.... Part of that information involves insurance coverages that are required. Because it has a department whose job is to respond to questions about those insurance coverages, Landstar’s argument that it’s not in the business of supplying information must fail. Pis.’ Resistance Br. at 18. The Court finds Plaintiffs’ argument to be without merit. First, there was no special relationship between Landstar and Merriam. Indeed, the relationship between the two was a typical arms-length transaction, i.e., Merriam sought to “lease out” to Landstar as a self-employed over the road truck driver and Landstar sought to have Merriam work on its behalf in that capacity. Indeed, as Plaintiffs themselves point out, Landstar “is in the business of recruiting self-employed over the road truck drivers to lease out to it as independent contractors.” Pis.’ Resistance Br. at 16. It is not “in the business” of selling insurance products or of providing information about insurance products. Indeed, paragraph 14 of the contract between Landstar and Merriam explicitly provides that “[t]he responsibilities and obligations between CARRIER and INDEPENDENT CONTRACTOR involving insurance will be specified in Appendix B. CARRIER will have no insurance responsibilities or obligations pertaining to INDEPENDENT CONTRACTOR or the Equipment other than those expressly stated in this Agreement or mandated by Applicable Law.” Landstar’s App. at 11. Appendix B provides in Paragraph 7 that “INDEPENDENT CONTRACTOR recognizes and agrees that CARRIER is not in the business of selling or soliciting insurance, and any insurance coverage requested by INDEPENDENT CONTRACTOR or provided through CARRIER is subject to all the terms, conditions and exclusions of the actual policy issued by the insurance underwriter.” Id. at 22. Second, Landstar was not acting in an advisory capacity when it provided a flier and a sign-up form for CPP coverage to Merriam. The terms of the contract between Landstar and Merriam clearly set out that, prior to working as an independent contractor for Landstar, an independent contractor had to provide an insurance certificate showing that the independent contractor had procured either workers’ compensation insurance or “occupational accident insurance” that met certain requirements set out in the Contract. Id. at 20. If the independent contractor met certain requirements, then he could obtain a CPP plan “[i]n lieu of obtaining the required workers’ compensation or occupational accident insurance.” Id. The Court can find nothing in the record to indicate that, by providing a flier about CPP coverage, that Landstar was somehow “advising” potential independent contractors to take that coverage instead of traditional workers’ compensation coverage. While certainly Landstar might have been “manifestly aware” that Merriam would consider the CPP coverage, the record is absolutely devoid of any indication that Landstar should have been aware that Merriam, an independent, self-employed, and experienced truck driver, would blindly choose that coverage without consideration or inquiry into the extent of benefits thereunder, or without consideration of other types of insurance specifically mentioned in the Contract. Moreover, the record evidence leads to a conclusion only that Landstar intended to provide information about CPP coverage as a convenience to potential independent contractors, not that it supplied the information with the intent to get independent contractors to purchase the CPP coverage instead of other coverage types available. Third, while it may be true that “[t]he more ... independent contractors [Lands-tar] has on the roadway, the more money [it] makes,” Pis.’ Resistance Br. at 18, the Court does not believe that such a tangential pecuniary interest is sufficient to sustain a finding that Landstar is in the business of providing information. The Restatement (Second) of Torts § 552 provides that a “defendant’s pecuniary interest in supplying the information will normally lie in a consideration paid to him for it or paid in a transaction in the course of and as a part of which it is supplied.” Here, there is no evidence that Landstar received any compensation from National Union for selling CPP policies, or that it otherwise profited in any fashion when independent contractors chose CPP coverage instead of traditional workers’ compensation coverage. While the Restatement recognizes that pecuniary gain may arise from transactions “of a more indirect character,” see id., Lands-tar would profit from additional independent contractors regardless of whether such contractors ultimately chose CPP or some other type of insurance coverage. Finally, since Landstar was a trucking company engaged in the business of “recruiting self-employed over the road truck drivers to lease out to it as independent contractors,” Pis.’ Resistance Br. at 16, the flier and sign-up sheet it provided related to CPP coverage were gratuitously provided to Merriam. Even if Landstar provided the flier and sign-up sheet “in the course of [its] business, profession or employment,” such a fact is not conclusive evidence that it was in the business of providing such information. Restatement (Second) of Torts § 552. Indeed, “when one who is engaged in a business or profession steps entirely outside of it, as when an attorney gives a casual and offhand opinion on a point of law to a friend whom he meets on the street, or what is commonly called a ‘curbstone opinion,’ it is not to be regarded as given in the course of his business or profession; and since he has no other interest in it, it is considered purely gratuitous.” Id. Here, the information provided about CPP coverage is entirely incidental to the more central function or service provided by Landstar, that is, engaging independent contractors to “lease out” to Landstar. See id. (stating that the recipient of such gratuitously provided information is “not justified in expecting that his informant will exercise the care and skill that is necessary to insure a correct opinion and is only justified in expecting that the opinion will be an honest one”). For these reasons, the Court concludes that Landstar was not “in the business” of supplying information about CPP insurance or any other type of insurance coverage for Merriam’s guidance. Indeed, the record facts regarding the relationship between the parties indicates a normal, arms-length transaction that was adversarial, not advisory in nature. Accordingly, Landstar owed no duty of care to Merriam and, therefore, cannot be held liable for negligent misrepresentation. b. Negligent and Fraudulent Misrepresentation: Did Plaintiffs justifiably rely on Landstar’s representations? Plaintiffs’ claims of negligent and fraudulent misrepresentation both require Plaintiffs to demonstrate that they “justifiably relied” on Landstar’s representations regarding insurance coverage. See Pollmann v. Belle Plaine Livestock Auction, Inc., 567 N.W.2d 405, 409-10 (Iowa 1997) (“The tort of negligent misrepresentation requires proof that the plaintiff justifiably relied on the representation made by the defendant.”); Midwest Home Distributor, Inc. v. Domco Indus., 585 N.W.2d 735, 743 (Iowa 1998) (“[Jjustifiable reliance is an essential element of fraudulent misrepresentation.”). “ ‘Reliance upon [a defendant’s representation] is justifiable if a person acting with reasonable and ordinary prudence and caution would have a right to rely on the representations.’ ” Pollmann, 567 N.W.2d at 410 (quoting Kaiser Agric. Chems. v. Ottumwa Prod. Credit Ass’n, 428 N.W.2d 681, 683 (Iowa Ct.App.1988)). In the present case, Plaintiffs argue that they justifiably relied on Lands-tar to fully apprise Merriam of the risks and benefits of the various types of insurance that would satisfy the insurance requirements under the Contract. Plaintiffs emphasize: 1) that Merriam had absolutely no experience with insurance prior to leasing out to Landstar; 2) that Landstar made it “convenient and easy” to satisfy its insurance requirements by accepting the CPP coverage and did not provide similar information about other types of coverage that would satisfy the Contract requirements; and 3) that Landstar “had an insurance department to clarify any questions” truckers might have about insurance coverage. Pis.’ Resistance Br. at 11-13. Plaintiffs summarily conclude that “Tim Merriam is a high school educated individual. He relied reasonably on Landstar to effectively get him through the qualification process and be straight up with him with regard to insurance coverages that he needed to adequately protect himself and his family in the event of catastrophic injury.” Id. at 15. Having carefully considered Plaintiffs’ arguments in this regard, the Court nonetheless must conclude that Plaintiffs were not justified in their reliance on Landstar to provide detailed information about the advantages and disadvantages of various types of insurance coverages. “Reliance is not justified if the person receiving the information knows or in the exercise of ordinary care should know that the information is false.” Pollmann, 567 N.W.2d at 410. In the present case, Plaintiffs were in possession of a wealth of information that put them on notice not only that insurance coverage would be determined by the policy itself, and not by Landstar, but also that there were important differences between workers’ compensation coverage and CPP insurance coverage. The terms of the Contract between Merriam and Landstar explicitly informed Plaintiffs that Landstar “is not in the business of selling insurance,” and that “any insurance coverage ... is subject to all the terms, conditions and exclusions of the actual policy issued by the insurance underwriter.” Landstar App. at 21-22. To say that Plaintiffs were entitled to rely on the assertions of a contract trucking company to provide information about what type of insurance an individual trucker should choose is patently unreasonable, particularly in the face of this explicit language to the contrary. Moreover, Plaintiffs received a letter from Gallagher after the CPP policy was issued which stated, “It is important for you to note the occupational accident insurance policy you have purchased does NOT provide workers’ compensation coverage.... You should take the time to carefully review the policy to become familiar with all the terms, conditions and exclusions.... ” Landstar’s App. at 38. Indeed, the letter even provided a phone number that Plaintiffs could call for an explanation of any terms, conditions, or exclusions they did not understand. Id. Despite all of these plainly worded provisions putting Plaintiffs on notice that CPP coverage was not akin to workers’ compensation insurance, Plaintiffs nonetheless insist that none of these provisions matter because “it is undisputed in this record that a copy of the policy was never provided to Timothy Merriam until after he sustained his March 29, 2005 injury.” Pis.’ Resistance Br. at 14. This argument is without merit, however, because while the policy was not provided to him, Gallagher’s January 2, 2004 letter to Merriam explicitly informed him how he could obtain a full copy of the policy, “either via the Internet or by contacting the Gallagher Insurance Coordinator at Gallagher Transportation: 800-279-7500.” Lands-tar’s App. at 38. Plaintiffs, however, never made any effort to obtain the policy, despite recommendations by Gallagher that they become familiar with the terms, conditions, and exclusions of the Policy. See id. Plaintiffs further argue that no terms in the Contract can operate to undermine Plaintiffs’ “justifiable reliance” on Lands-tar’s information, or lack thereof, because the “factual record clearly demonstrates that there is a dispute as to whether Timothy Merriam ever read the Independent Contractor Agreement or whether he would have been able to understand its terms and conditions.” Pis.’ Resistance Br. at 13-14. In support of this position, Plaintiffs cite C & J Fertilizer v. Allied Mutual Insurance Co. for the proposition that, “It is generally recognized the insured will not read the detailed, cross-referenced, standardized mass-produced insurance form, nor understand it if he does.” Id. at 14-15 (citing C & J Fertilizer, 227 N.W.2d 169, 174 (Iowa 1975)). In C & J Fertilizer, the owner of a fertilizer factory sought to recover for burglary loss under two separate insurance policies. 227 N.W.2d at 171. The insurance company denied coverage on the basis that there were no visible marks or physical damage to the exterior of the plant, citing a provision of the policy defining “burglary” as requiring “visible marks made by tools, ... or physical damage to, the exterior of the premises at the place of such entry.” Id. The Iowa Supreme Court found that, despite the policy language in the adhesion insurance contract, the plaintiff was entitled to coverage under the doctrine of reasonable expectations because the definition of burglary in the policy comported “neither with the concept a layman might have of that crime, nor with a legal interpretation.” Id. at 176-77 (defining the doctrine of reasonable expectations as follows: “The objectively reasonable expectations of applicants and intended beneficiaries regarding the terms of insurance contracts will be honored even though painstaking study of the policy provisions would have negated those expectations.” (citations omitted)). The present case is plainly distinguishable from C & J Fertilizer. First, C & J Fertilizer was explicitly decided on the basis of the doctrine of reasonable expectations, a doctrine first formally adopted by the Iowa Supreme in Rodman v. State Farm Mutual Ins. Co., 208 N.W.2d 903, 905-08 (Iowa 1973). In Rodman, however, the Iowa Supreme Court explicitly declined to extend the doctrine of reasonable expectations to “cases where an ordinary layman would not misunderstand his coverage from a reading of the policy and where there are no circumstances attributable to the insurer which foster coverage expectations.” Rodman, 208 N.W.2d at 906. Indeed, the doctrine of reasonable expectations is designed “as an aid in interpreting a policy, not as a means of avoiding its clear language.” Id. at 907. Thus, it is clear that the doctrine was not designed to supplant traditional and well-settled jurisprudence holding: Failure to read a contract before signing it will not, as a rule, affect its binding force. Indeed, the courts appear to be unanimous in holding that a person who, having the capacity and an opportunity to read a contract, is not misled as to its contents and who sustains no confidential relationship to the other party cannot avoid the contract on the ground of mistake if he signs it without reading it, at least in the absence of special circumstances excusing his failure to read it. Bryant v. Am. Express Fin. Advisors, Inc., 595 N.W.2d 482, 486-87 (Iowa 1999); see also Morgan v. Am. Family Mut. Ins. Co., 534 N.W.2d 92, 99 (Iowa 1995) (“A party is charged with notice of the terms and conditions in a contract he or she entered into if the party is able to read the contract and has the opportunity to read it.”), rev’d on other grounds, Hamm v. Allied Mut. Ins. Co., 612 N.W.2d 775 (Iowa 2000); Preston v. Howell, 219 Iowa 230, 257 N.W. 415, 418 (Iowa 1934) (“It is also the settled rule of law that if a party to a contract is able to read, has the opportunity to do so, and fails to read the contract, he cannot thereafter be heard to say that he was ignorant of its terms and conditions, for the purpose of relieving himself from its obligation.”); Advance Elevator Co., Inc. v. Four State Supply Co., 572 N.W.2d 186, 188 (Iowa Ct.App.1997) (“Generally, an agreement in writing speaks for itself and absent fraud or mistake, ignorance of the contents will not serve to negate or avoid its contents. Further a party is charged with notice of the terms and conditions of a contract if the party is able or has had the opportunity to read the agreement. A party is also bound by a document the party signs even though the party has not expressly accepted all of the contract provisions and is not aware of them. A party cannot avoid the terms of the contract simply because a harsh result may occur from the failure to read the contract.”). On the present facts, as in Rodman, Merriam “does not contend he misunderstood the policy. He did not read it. He [ ] asserts [ ] that if he had read it he would not have understood it.” Id. at 906. This is insufficient to relieve Merriam of his acknowledgment, by virtue of signing and entering the Contract with Landstar, that Landstar had “no insurance responsibilities or obligations pertaining to [Merriam] other than those expressly stated in [the Contract] or mandated by Applicable Law,” and that Landstar “is not in the business of selling or soliciting insurance, and any insurance coverage requested by [Merriam] or provided through [Landstar] is subject to all the terms, conditions and exclusions of the actual policy issued by the insurance underwriter.” Landstar’s App. at 11, 22. Finally, Plaintiffs’ argument that they justifiably relied on Landstar because Landstar had “an insurance department to clarify any questions or concerns that truckers considering the qualification process might have about the scope of that insurance coverage or Landstar’s insurance requirements” is without merit. Pis.’ Resistance Br. at 13. The only record support Plaintiffs offer for their assertion that Landstar had its “own insurance department” is Elder’s speculative and equivocal testimony that, if truckers had questions about insurance coverage, he would “refer them on down to — to Jacksonville, Florida to the home office to ... a person down there. We had a contact that handled the CPP and they would work with them, either explain more to ‘em about the CPP or other options.” Pis.’ Additional Facts ¶ 9. Elder further testified that he thought that the “contact,” Cindy Chambers, was “actually affiliated with Gallagher but had an office at Landstar.” Pis.’ App. at 29. However, when Elder was specifically asked whether Chambers had an office at Landstar, Elder stated: “That I ... couldn’t know for sure. I mean ... all we had was her number and we was told if we had — anybody had questions that we referred them down to her.” Elder Dep. at 25-26. Elder clearly had no firsthand knowledge of whether Chambers maintained an office at Landstar or somewhere else, and thus, no reasonable jury could rely on his testimony to reach a conclusion that Landstar, did in fact, maintain its “own insurance department.” Moreover, and more importantly, Elder’s testimony about an “insurance department” took place long after Merriam’s injury and the subsequent denial of occupational benefits. The record reflects that Plaintiffs neither sought nor possessed any information whatsoever on the topic at the time Merriam elected to obtain the CPP policy, thus leaving any claim of reliance, justifiable or otherwise, entirely unsupported. c. Negligent and Fraudulent Misrepresentation: Was Landstar . the proximate cause of Plaintiffs’ damages? Even assuming that Plaintiffs could demonstrate that Landstar was “