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Darner Motor Sales v. Universal Underwriters Ins. Co.

Arizona Supreme Court

682 P.2d 388 (1984)

Relevant factsFree

After discussing higher rental-coverage limits with Universal's agent Doxsee (defendant), who told Darner (plaintiff) an umbrella policy would raise coverage to those higher limits, Darner did not read the actual umbrella policy, which in fact excluded renters from its definition of "insured"; when a renter caused an accident and coverage was limited to the lower amounts, Darner sued Universal and Doxsee, and the trial court granted the defendants summary judgment based on the policy's actual written terms.

IssueFree

Whether, in a contract of adhesion, if the other party has reason to believe that the party manifesting assent to the agreement would not do so if he knew that the writing contained a particular term, that term is a part of the agreement.

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