Judges Tout Wikipedia in ‘Jet Ski’ Exclusion Ambiguity

By | August 27, 2012

  • August 27, 2012 at 10:38 pm
    ineedjava says:
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    Jet Ski is a registered trademark of Kawasaki, but the lower case term ‘jet ski’ is a popular term synonymous with ‘personal watercraft’ Apparently the judges didn’t see this part that says it’s popular term synonymous with personal watercraft – seems like clear enough language to me unless we want to worry whether the work was capitalized or not.

  • August 28, 2012 at 1:41 pm
    dantheman says:
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    How much are the courts getting for product placement these days?

  • August 28, 2012 at 3:05 pm
    David says:
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    Judges must not have understood the Wikipedia article:
    “The term is sometimes used to refer to any type of personal watercraft.”

  • August 28, 2012 at 3:56 pm
    Wild Bill says:
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    This is why our rule of law is rapidly disintegrating as judges refuse to enforce the law as they look for increasingly tenuous “reasons” not to enforce contracts that are as plain as the nose on their face. There is a price to pay for this reckless behaviour and it is the ultimate collapse of insurance as it just becomes too expensive and unpredictable.

  • August 28, 2012 at 5:34 pm
    Decision by Wikipedia says:
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    Even the judge admits that Wikipedia is unreliable, but they didn’t let that stop them. Maybe we should hold judgeship elections & appointments by Wikipedia also.

  • August 31, 2012 at 1:44 pm
    Ted says:
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    The party that drafts any Contracts of adhesion will never get the benefit from courts in decisions about ambiguity in wording. Bottom line – insurers should always define terms that are included in exclusions. And yes, the judge read the meaning appropriately – if they meant personal watercraft – they had the ability to say that and they didn’t.

  • September 1, 2012 at 5:05 pm
    renoscs says:
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    It’s apparent that the idiot judge doesn’t understand what Wikipedia is all about!!!!



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