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Insurance Policy Interpretation

96 published works

  1. Your ERISA Watch

    Eighth Circuit Defers to Insurer’s Interpretation of What Constitutes an “Accident”

    By Peter Sessions

    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…

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. 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

    By Stephen Rosenberg

    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…

  9. It Pays to Be Covered™

    Using ChatGPT to Interpret Insurance Policies? Eleventh Circuit Opens the Door to AI’s Role in Policy Interpretation

    By Justin P. Gunter

    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…

  10. 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…