Commentary and analysis on the
law of insurance coverage

Category Archives: Insured-v.-Insured Exclusion

Insurance Policies Aren’t “Ordinary” Contracts and Courts Should Remember That

Unequal Power   There’s no disputing which party has all the muscle in the insurer-insured relationship.  That’s why special rules apply to policy interpretation: to level the field of play.  When courts fail even to mention those rules, much less to apply them, it leads to uncertainty, instability, and unfairness.  Even when a court reaches the right conclusion, it’s important that it do so for the right reasons. Read More

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