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ARE THE BOILERPLATE EXCLUSIONS IN YOUR POLICY ENFORCEABLE UNDER ARIZONA LAW?
Arizona courts do not look favorably upon boilerplate exclusions hidden within the text of a standardized insurance contract. This is the case even when these terms are not determined to be ambiguous to the court. Arizona appellate courts have determined that many boilerplate exclusions typically cannot be understood by the reasonably intelligent consumer who might actually read the policy. In fact, in most situations, the court will not enforce boilerplate exclusions because the insured likely has not received full and adequate notice of the exclusion, and the exclusion is either unusual or unexpected, or is one that emasculates apparent coverage. Boilerplate exclusions are also unenforceable if they are contrary to the ordinary consumer’s reasonable expectations.

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If you have any questions please feel free to contact
Brian Rubin or Michael Kelley at Thomas Rubin & Kelley PC.