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Anonymous

The evidence shows that the policy is current and covers accidents. The question that would be before the jury is whether the "risky behavior" clause in the policy includes the specific behavior engaged in by the man. And that's not a "matter of law" so explicit that the jury couldn't rule otherwise, so it's B. Unless there's some secret rule on JMOL that prevents such a motion at this time. B

Anonymous

I am also on the 'B' train as the question in this case is whether the contract's terms for exclusion are met by the facts of the accident in question. I thought we were going to have a question around liability for the accident (i.e., is the land owner responsible for not posting enough signage or is the biker more at fault). All that said, I want to know if the sign had happened to use the same language as the contract if this would be open and shut.... "Unduly risky, proceed at your own risk!"