What is the test for making coverage exceptions and limitations in an insurance policy?

California, United States of America


The following excerpt is from Z.F. Micro Solutions Inc v. Lloyd's, H034513, No. 017803 (Cal. App. 2010):

will attract the reader's attention. Such a provision also must be stated precisely and understandably, in words that are part of the working vocabulary of the average layperson. [Citations.] The burden of making coverage exceptions and limitations conspicuous, plain and clear rests with the insurer." (Haynes v. Farmers Ins. Exchange (2004) 32 Cal.4th 1198, 1204.) "This rule applies with particular force when the coverage portion of the insurance policy would lead an insured to reasonably expect coverage for the claim purportedly excluded." (MacKinnon v. Truck Ins. Exchange (2003) 31 Cal.4th 635, 648.)

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