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TITLE [Confirmation of Non-existence of Obligation]Supreme Court Decision 2006Da87453 Delivered on April 27, 2007 [full Text]
Summary
[1] Whether certain content of an agreement may be asserted as constituting a term of an insurance contract where the insurer concludes an insurance contract in violation of the obligation to clarify and explain the individual terms of the agreement (negative) [2] Whether the insurer shall be deemed to have an obligation to clarify and explain the terms of policy if the terms are of a nature that is general and common to such transactions so that an insurance purchaser could anticipate such terms without separate explanation or if the terms refer to that which is already stipulated in the laws and regulations (negative) [3] The case holding that an insurance agreement stipulating a notice duty as to the transfer of an insured automobile need not be separately clarified or explained individually by the insurer
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