Is a plaintiff's claim that he was not aware of the terms of the policy when the policy was in place?
California, United States of America
The following excerpt is from Sho Inouye v. Wellpoint Cos. of Cal., B294020 (Cal. App. 2020):
Plaintiff again asserts his argument that he was not aware of the policy's terms, but this is (a) not supported by the record, and (b) irrelevant because plaintiff's awareness of a contract's potentially illusory terms has no bearing on whether they are, under the law, illusory (cf. Fitz v. NCR Corp. (2004) 118 Cal.App.4th 702, 722 [party's awareness of one-sided contractual terms does not render them less one-sided]).
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