Aetna Casualty & Surety Co. v. Richmond

In Aetna Casualty & Surety Co. v. Richmond (1977) 76 Cal.App.3d 645, the court recited the "'general rule that the receipt of a policy and its acceptance by the insured without an objection binds the insured as well as the insurer and he cannot thereafter complain that he did not read it or know its terms. It is a duty of the insured to read his policy.'" (Aetna, supra, 76 Cal.App.3d at p. 652.) Aetna was a lawsuit between insurer and insured, in which the insurer claimed it had no duty to defend or indemnify the insured against a products liability claim, because the policy excluded such coverage. (Id. at pp. 648-649.) The general rule was cited in the context of the appellate court's rejection of the insured's estoppel defense based on his claimed ignorance that his wife, an employee, had instructed Aetna to cancel the products liability coverage, and his failure to read the policy because of the Aetna agent's representations of full coverage, which representations the trial court apparently found had not been made. (Id. at p. 652.) Taff was a suit by the insured against its insurer for reformation of an insurance contract, on grounds including mutual mistake and fraud by the insurer. Indeed, Taff states that "the mere failure to read a policy does not in itself necessarily prohibit a revision of the contract ... ," and that the failure on the part of a policyholder to read the policy "is a circumstance to be considered by the court on the question of his negligence." (Taff, supra, 58 Cal.App.2d at p. 702.) "Unless the policyholder making such excuse gives a satisfactory explanation of his failure to read it, the trial court may be justified in rejecting his excuse and in denying the reformation." (Ibid.)