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Contracts Keyed to Dawson
Mundy v. Lumberman’s Mut. Cas. Co.
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Earlier policies the Mundys had did not contain the $1,000 limit. The Plaintiffs argued that the Company did not give them adequate notice of the change when it sent them the policy renewal, and that its failure entitled them to recover under state law theories of tort, contract, or unfair practice. The jacket of the new policy contained a notice in all capital letters that the policy contained coverage changes. There were summaries of the changes made, including the following: “Theft of silverware and guns is now limited to $1,000. Should you wish more coverage for such items, contact your agent.” The district court granted the Company summary judgment, believing the record showed beyond genuine dispute that the notice was adequate.
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