Is an exclusionary clause in a personal injury policy conspicuous?

California, United States of America


The following excerpt is from Middlesex Mutual Ins. Co. v. Bright, 106 Cal.App.3d 282, 165 Cal.Rptr. 45 (Cal. App. 1980):

In Gray v. Zurich, the court found that the exclusionary clause was not conspicuous "since it appears only after a long and complicated page of fine print, and is itself in fine print; its relation to the remaining clauses of the policy and its effect are surely not 'plain and clear.' " (65 Cal.2d at p. 273, 54 Cal.Rptr. at p. 110, 419 P.2d at p. 174.)

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