In Moran V

question 51

Multiple Choice

In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that:

• A) an easement cannot be created by fraud
• B) Sims had no right to demand an easement
• C) public policy required Sims to be given an easement so he could get to his house
• D) Sims's use of the driveway since 1985 had been open, notorious and visible
• E) none of the other choices

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Definitions:

Appraisal Clause

A provision in an insurance policy requiring that any disagreement on the value of a claim be determined through an appraisal process.

Insurance Policy

A contract between an insurer and the insured, outlining the terms for coverage of specific risks in exchange for premiums.

Antilapse Clause

A provision in a will or estate plan that allows for the substitution of beneficiaries in the event the original beneficiary predeceases the testator.

Insurance Policy

A contract between an insurer and a policyholder that specifies the terms under which the insurer agrees to pay for losses or damages to the insured.