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Context Matters: Broad Exclusions and Narrow Coverage Grants.

Authors :
Jean, Joseph D.
Stanisz, Janine M.
Source :
Insurance Coverage Litigation; Spring2019, Vol. 29 Issue 2, p37-45, 9p
Publication Year :
2019

Abstract

Insurance policies do not always have exhaustive definition sections, and often pivotal terms are left undefined. [3] "Exclusionary language in an insurance policy will be construed most strongly against the insurer and the burden is upon the insurer to prove that an exclusion applies."[4] Further, "it is incumbent upon the insurer to employ exclusionary language that is clear and unambiguous." Importantly, provisions in an insurance contract are construed in accordance with the reasonable expectations of the insured.[7] An insurer should not be permitted to rewrite policy language to disclaim coverage.[8] LEXIS 123215 (E.D. Va. Mar. 22, 2016) (enforcing insured's appraisal award because the insurer's "position would effectively rewrite the Policy to expand the exclusions enumerated in the Policy"); ABM Mgmt. [Extracted from the article]

Details

Language :
English
Volume :
29
Issue :
2
Database :
Complementary Index
Journal :
Insurance Coverage Litigation
Publication Type :
Periodical
Accession number :
141143120