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HAYNES v. FARMERS INS. EXCHANGE

No. S104851.

13 Cal.Rptr.3d 68 (2004)

89 P.3d 381

32 Cal.4th 1198

Joshua Lee HAYNES, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Respondent.

Supreme Court of California.

May 17, 2004.

Attorney(s) appearing for the Case

James C. Caviola, Jr., and Jean Ballantine, Los Angeles, for Plaintiff and Appellant.

Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Horvitz & Levy, Barry R. Levy, Mitchell C. Tilner, Daniel J. Gonzalez, Encino; Chapin Shea McNitt & Carter, Richard D. Carter and Robin James, Los Angeles, for Defendant and Respondent.

Grant, Genovese & Baratta, Irvine, and Lance D. Orloff, Los Angeles, for California Capital Insurance Company as Amicus Curiae on behalf of Defendant and Respondent.

WERDEGAR, J.

The question presented is whether a provision in defendant's "E-Z Reader Car Policy" of automobile insurance purporting to limit to the legal minimum any coverage for permissive users of an insured vehicle is sufficiently conspicuous, plain and clear to be enforceable. The Court of Appeal concluded it is not. We affirm.

Background

William M. Gallahair purchased an "E-Z Reader Car...

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