Are Insurance Policies Still Contracts
Loading...
Authors
Tavella, David F.
Issue Date
2009
Volume
42
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|Since the earliest days of the insurance industry, courts have held that an insurance policy is a contract between the carrier and the insured. For instance, while courts consider insurance policies contracts of adhesion, and construe any ambiguity strictly against the drafter, courts have always considered an insurance policy a contract. Thus, courts interpret insurance policies using general contract principles of interpretation. That is, courts give unambiguous provisions of an insurance policy their plain and ordinary meaning. Furthermore, because unambiguous provisions of an insurance policy are accorded their plain and ordinary meaning, courts have traditionally refused to consider parol evidence when interpreting an unambiguous insurance policy provision. |However, recent decisions by various courts have called into question whether an insurance policy is still a contract and whether the rules of construction accorded to contracts are still applicable to insurance policies. Most notably, courts are using...
Description
Citation
42 Creighton L. Rev. 157 (2008-2009)
Publisher
Creighton University School of Law