Tonkovic v. State Farm Mutual Automobile Insurance

OPINION OF THE COURT

PAPADAKOS, Justice.

The issue presented by this appeal is whether Appellant, John Tonkovic, III, is bound by an exclusionary clause in an insurance contract, where such clause was unilaterally inserted by Appellee, State Farm Mutual Automobile Insurance Company, subsequent to Appellant's application and premium payment being accepted by Appellee, through its agent, for disability insurance coverage without any exclusion; and where such exclusion was neither explained to, nor accepted by, the Appellant.

The present controversy arose under the following facts: In July of 1979,…