26125.

Adhesion Contract

According to the traditional formulation, an adhesion contract is one drafted by a party with
superior bargaining strength and is presented on a take it or leave it basis. The insurance cases
reflect the judicial conclusion that adhesion contracts frequently defeat the reasonable
expectations of the parties. (See, e.g., Stephen v. Fidelity & Casualty Co. of New York (1962) 58
Cal.2d 862; Martinez & Whelan, General Practice Insurance Law (4th ed.) West pp. 108 et. seq.)
The interrogatories set forth in this section are for use where defendant asserts that the agreement
constitutes a contract of adhesion.