Broberg v. The Guardian Life Ins. Co. of America

In Broberg v. The Guardian Life Ins. Co. of America (2009) 171 Cal.App.4th 912, a vanishing premium case, the court rejected the argument that the terms of the policy itself gave notice as a matter of law. (Id. at pp. 921-923.) The court explained that to be enforceable, insurance policy disclaimers must be '"conspicuous, plain and clear."' (Id. at p. 922.) They must be placed and printed so as to attract the reader's attention. (Ibid.; see also Cal. U. Com. Code 1201.)