Bob Greene, as Next Friend of Lewayne Greene v. Farmers Insurance Exchange

“[T]he tendency of the law must always be to narrow the field of uncertainty.” Oliver Wendell Holmes, Jr., The Common Law 127 (1909). Today, unfortunately, uncertainty prevails.

For over a hundred years, this Court enforced insurance policies as written. Then, thirty years ago, the Court judicially wrote a prejudice requirement into an aviation insurance policy, concluding that public policy reasons required that result. Ten years later, the Court issued the first in a series of four decisions in which it continued to impose the prejudice requirement, but in those cases it relied on a…