Black Silver Enterprises v. Sequoia Ins.
This case involves an insurance coverage dispute between Black Silver Enterprises, Inc. (Black Silver) and Sequoia Insurance Company (Sequoia). Black Silver sought coverage under two separate business owners insurance policies for losses resulting from employee theft at its clothing boutiques. Sequoia concluded that coverage for Black Silver's loss was limited by a coverage extender to $10,000 per policy and refused to pay up to the business personal property limits in the policies. After a bench trial, the court entered judgment in favor of Sequoia on Black Silver's breach of contract, bad faith and declaratory relief claims. Black Silver appeals, contending the trial court erred by (1) entering judgment in favor of Sequoia because the purported coverage limitation was not conspicuous, plain and clear, and (2) ignoring its objection to expert testimony on the ultimate issues of the case. We conclude the employee dishonesty coverage limitation is not conspicuous, plain and clear and reverse the trial court's judgment. This conclusion moots Black Silver's claim of evidentiary error.
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