Topic
Insurance Policy Interpretation
96 published works
Your ERISA Watch
Eighth Circuit Defers to Insurer’s Interpretation of What Constitutes an “Accident”
Beard v. Lincoln Nat’l Life Ins. Co., No. 25-2950, __ F.4th __, 2026 WL 1279959 (8th Cir. May 11, 2026) (Before Circuit Judges Shepherd, Erickson, and Grasz) This week’s notable…
Property Insurance Law Observer
Court Rejects Discovery Into Other Policies in Tornado Coverage Dispute
By Joshua Tumen
In 5th and Main Condominium Association, Inc. v. Great American Insurance Company of New York, 2026 WL 1103277 (M.D. Tenn. 2026), the United States District Court for the Middle District…
Insurance Coverage Law in Massachusetts
I’m moderating a webinar on insurance policy interpretation on Tuesday, January 22, 2026 at 1 PM; discount codes available
By Nina Kallen
This is a full description of the webinar: Insurance Policy Interpretation: Recurring Issues, Ambiguities, Exclusions, Plain Meaning, Burdens of Proof, and More This CLE webinar will discuss the interpretation of…
Zalma on Insurance
“Sudden” is the Opposite of “Gradual”
By Barry Zalma
Court Must Follow Judicial Precedent Post 5252 See the video at https://rumble.com/v73ou72-sudden-is-the-opposite-of-gradual.html and at https://youtu.be/21x4jb_n0bI Insurance Policy Interpretation Requires Application of the Judicial Construction Doctrine In Montrose Chemical Corporation…
Zalma on Insurance
Court Will Never Interpret Policy to Give Insured Coverage Not Purchased
By Barry Zalma
Insured Refused to Pay Additional Premium for Assault & Battery Coverage Post 5225 See the video at https://rumble.com/v71jx2m-court-will-never-interpret-policy-to-give-insured-coverage-not-purchased.html and at https://youtu.be/yoG-pkfnKe0 Exclusion for Assault & Battery Enforced In Golden Bear…
Zalma on Insurance
Defendant Had Sufficient Bargaining Power to Craft an Agreement to its Benefit.
By Barry Zalma
Contra Proferentem Doctrine Does Not Apply to the Interpretation of Insurance Policies Post 5093 See the full video at https://rumble.com/v6uj03j-defendant-had-sufficient-bargaining-power-to-craft-an-agreement-to-its-bene.html and at https://youtu.be/FIpZaNf7TZI Polluter’s Insurer Loses 25 Year Litigation Over…
Zalma on Insurance
Policy Wording Must Limit Appraisal to Quantum Only
By Barry Zalma
USDC CONCLUDES APPRAISAL CAN CONSIDER CAUSATION IN OHIO Post 4917 See the full video at https://rumble.com/v5jtdvf-policy-wording-must-limit-appraisal-to-quantum-only.html and at https://youtu.be/NBwnJtDgMjE Defendant State Farm Fire and Casualty Company (“State Farm”) issued a…
Boston ERISA & Insurance Litigation Blog
The Supreme Judicial Court Reminds Us That Ambiguity Is Not Something That Exists Just In the Eye of the Beholder
This is a fun but dry (don't worry - you will get the joke in a second) decision from the Massachusetts Supreme Judicial Court on whether rainwater that accumulates on…
It Pays to Be Covered™
Using ChatGPT to Interpret Insurance Policies? Eleventh Circuit Opens the Door to AI’s Role in Policy Interpretation
While recently resolving an insurance coverage dispute in Snell v. United Specialty Insurance Company, 102 F.4th 1208 (11th Cir. 2024), an Eleventh Circuit concurring opinion discussed the potential employment of…
The Policyholder Perspective
Drafting errors must be clear and obvious – a brief look at the English Court of Appeal’s decision in Project Angel Bidco Ltd (In Administration) v Axis Managing Agency Ltd [2024 EWCA Civ 446]
By Laura-May Scott, Katherine Varney, James Stockman
Key Take-aways The wording in insurance policies is often taken from precedent wording that has evolved over time. Accordingly, we often see inconsistencies in the wording of policies and/or ambiguity…