May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

Skip To Content

MIPTC Author:


The Sled:

Listed in Latino Who's Who, June 2014
Locations of visitors to this page

Creative Commons License
This work is licensed under a Creative Commons License.

Weblog Comments

Return to the Weblog

Quote of the Day - There are worse things in life than death. Have you ever spent an evening with an insurance salesman? - Woody Allen

Limitation, Schmitation. Who knew?

We love to hate it, mostly because we have to pay for it and may never use it. But when we need it, and the company turns us down or somehow limits our coverage, we're none too happy about it.

Of course, I'm talking insurance here. In this instance, Farmers automobile insurance. Farmers issued a policy to an unsuspecting customer, who promptly loaned his car to someone else. His limits were $250,000 for liability.

Unfortunately, Farmers limited coverage in that instance. To $15,000. Likewise unfortunately, our unsuspecting customer didn't know about the limitation. It wasn't listed on the Declarations page of the policy by name, but rather by endorsement number, buried deep down in the policy, and in a single line. Plus, the letter transmitting the policy was buried several pages down, but it didn't describe the limitation either.

Our California Supreme Court didn't think that was fair, so they struck the limitation. Said it had to be posted conspicuously so the customer could know about it in advance.

The nice thing is that this ruling applies not only to personal automobile policies, but all types of insurance policies. Score one for the good guys.

Posted by J. Craig Williams on 5/18/2004 at 10:15 Comments (2)



Comments by J. Craig Williams from United States on Thursday, May 20, 2004 at 11:51

The second link in the article is now the link to the case - sorry about that.


Comments by KJ from United States on Thursday, May 20, 2004 at 11:00

There was no link to the case, so my comment is based solely on the story: Thank god the Courts in California can be relied upon to keep us from having to live by the language of the contracts we sign. Actually reading your contracts can be such a bother.


Comments are now closed.

Send your comments directly to the author at jcraigwms at (remove spaces and add @ symbol in place of the "at").