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Vitale v. Jefferson Insurance Company of New York

8/18/2000

re misled appellants or was an attempt by Jefferson to mislead them. We conclude that the Moors were not prejudiced by Jefferson's failure to define the "persons insured" language in its 1993 letter because this definition could be readily ascertained from a layman's reading of section II(a) of the policy.


Because the Moors were clearly on notice that Jefferson was relying on the automobile exclusion provision of the policy, we conclude that Jefferson did not waive its right to exclude coverage based upon exclusion (b) of the policy.


CONCLUSION


We conclude that the district court did not err in granting Jefferson's motion for summary judgment because losses arising from automobile accidents were excluded under exclusion (b) of the policy. Accordingly, we affirm the order and judgment of the district court.






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