State Farm Fire & Cas. Co. v. Sapp

1 Citing case

  1. Team 44 Rests. v. Am. Ins. Co.

    No. CV-21-00404-PHX-DJH (D. Ariz. Feb. 15, 2022)

    The next scenario applies when an insured has not received full and adequate notice of what the terms to an insurance contract mean. An insurer provides full and adequate notice of a term or provision when the insured has been supplied with the policy, the term in question is stated in plain language, and the provision is easily located in the policy. Vencor Inc. v. Nat'l States Ins. Co., 303 F.3d 1024, 1038 (9th Cir. 2002) (finding, under Arizona law, where “[t]he pertinent language is contained in precisely the location where one would look for it, the basic coverage provision, not in a definitional section, small print addenda, or other out-of-the-way part of the policy” the plaintiff had full and adequate notice); State Farm Fire & Cas. Co. v. Rocky Sapp, 2015 WL 632138, at *6 (Ariz.Ct.App. Feb. 12, 2015) (holding an insured did not receive full and adequate notice because plaintiff did not actually receive the policy).