Hadley Falls National Bank v. May

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an effective waiver provision must be conspicuous, must contain language “clearly and specifically” apprising the insured of the nature of the right he is relinquishing, and must when executed by the insured, represent an “affirmatively expressed rejection.”
• printed form indicating rejection insufficient where agent failed to explain the type of protection being rejected
• portion of a statute permitting rejection of uninsured motorist coverage detracts from the liberal public policy considerations and must therefore be narrowly and strictly construed
• one-line UIM coverage waiver provision was inadequate under statute because it did not contain language that clearly and specifically apprised insured of nature of the coverage
• one-line UIM coverage waiver provision was inadequate under statute because it did not contain language that clearly and specifically apprised insured of nature of the coverage
• “[bjecause uninsured [UM] motorist coverage has been legislatively declared to be a matter of public policy, a deletion of coverage is not to be determined by reference to traditional rules of waiver and estoppel.”

Source: CourtListener parenthetical corpus (CC0).