Thompson

1. Introduction

Mercury Casualty Company’s (Mercury) automobile liability insurance policy contains a provision, “Condition 23,” that limits coverage to the statutorily required minimums for persons using the car with the named insured’s permission. In this declaratory relief action, the trial court found Condition 23 inconspicuous as a matter of law. On appeal, we agree with the trial court and affirm.

2. Factual and Procedural History

For purposes of this declaratory relief action, the parties stipulated to the underlying facts.

At the time of the accident, John Hughlett and Carmen Hughlett had a Mercury automobile liability insurance policy for their Chevrolet S-10 pickup truck. After increasing their policy limits, the new bodily injury liability limits were $100,000 per person up to $300,000 per accident. On the first page, the policy included the following language:

On the sixth and last page, Condition 23 provided: “23. Permissive User Coverage — Coverages A and B: If this policy provides coverage with bodily injury liability limits in excess of $15,000 per person and $30,000 per accident and/or a property damage liability limit in excess of $5,000 per…