Zubia v. Farmers Ins. Exchange

In Zubia v. Farmers Ins. Exchange (1993) 14 Cal.App.4th 790, a reimbursement provision was deemed sufficiently conspicuous even though it was located on page five of the policy. It did not matter that Part III of the policy, the "medical expense coverage provisions," did not expressly refer to the reimbursement provision contained in Part V. (Id. at p. 796.) The policy was only six pages long, the provision was written in same typeface as other provisions, and it was placed under a subheading called "Our Right to Recover Payment," under a descriptive heading "'Part V-CONDITIONS,'" printed in boldfaced type like the other headings of the policy. (Ibid.)