Topic
Policy Interpretation
36 published works
Zalma on Insurance
Unwritten Intent Uninforceable
By Barry Zalma
Ambiguous Policy Language Forces Insurer to Pay Losses It Did not Intend to Cover INSURER HOIST ON ITS OWN PETARD See the full video at https://rumble.com/v3gtwb2-unwritten-intent-uninforceable.html and at https://youtu.be/GH2BlKoazhg Insurers…
Coverage Counsel
When an Ambiguous Policy Provision Does Not Necessary Mean a Loss in the Win/Loss Columns
By Roy A. Mura
LIFE INSURANCE – POLICY INTERPRETATION – AMBIGUITY – GENERAL BUSINESS LAW § 349 – PUNITIVE DAMAGES Hobish v. Axa Equitable Life Ins. Co. (NY App. Div., 1st Dept., 05/25/2023) Although this is a life insurance,…
Insurance Law Blog
<em>Yahoo Inc. v. National Union Fire Ins. Co. of Pitts.</em>: Revisiting the Rules of Policy Interpretation
In Yahoo Inc. v. National Union Fire Ins. Co. of Pittsburgh, --- Cal. Rptr. 3d ---;2022 Cal. LEXIS 6887; 2022 WL 16985647 (Nov. 17, 2022), the California Supreme Court applied…
Property Insurance Coverage Law Blog
Clearing Things Up: Interpreting Ambiguities in Arizona Policies
Throughout my years at Merlin Law Group, I have noticed a troubling pattern with insurance carriers: denying claims based on confusing and ambiguous policy language. Perhaps you are challenging a…
Zalma on Insurance
RTFP – Insurance Policies Must be Interpreted by Reading the Full Policy
By Barry Zalma
You Only Get What You Pay For On May 1, 2020, Plaintiffs FYT Supplies, Inc. (“FYT”) and Qing Zhang sued (“Coverage Action”) Defendants Nautilus Insurance Company and Daniel Santos. The…
Property Insurance Coverage Law Blog
What Is Ejusdem Generis and How Can it Help Clarify Ambiguous Policy Language If My Insurer Denies Coverage?
Ejusdem generis is a Latin phrase that roughly translates as “of the same kind, class, or nature.” Its use is similar to that of noscitur a sociis,1 in that it…
Property Insurance Coverage Law Blog
When Words Collide: Policy Interpretation Doctrines and the 10 Commandments. Understand your Insurance Policy Better—RTFP!
A common theme of the Property Insurance Coverage Blog is to teach policyholders about the ins and outs of their own insurance contract. Before setting up a new iPhone, a…
Property Insurance Coverage Law Blog
Is a 22-Year-Old Punk Law Student’s Doctoral Thesis About The Reasonable Expectations Doctrine of Insurance Contract Interpretation Stupid or Standing the Test of Time?
By Chip Merlin
There was once a very nerdy and in-the-library-stacks 22-year-old law student who wrote about the reasonable expectations doctrine. Yesterday on my Tuesday at 2 With Chip livestream, I provided our…
Zalma on Insurance
Multiple Theft Losses of Amounts Less than the Deductible Defeats Claim
By Barry Zalma
Common Meaning of “Occurrence” Applied Since Policy Did not Define Term In Port Consolidated, Inc. v. International Insurance Company Of Hannover, PLC, No. 19-13544, United States Court Of Appeals For…
Property Insurance Coverage Law Blog
Partial Business Shutdown: An Age-Old Lesson in Carefully Reading the Policy
Business interruption can be a hot button topic among business owners and carriers alike. The purpose of business interruption insurance is to protect business owners for the loss that occurs…