Insurance Update

June 21, 2022 | Insurance Coverage

Coverage disputes often center on whether the policy language is clear.  Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning.  Sometimes, policyholders try to create an ambiguity despite language that seems clear on its face, or suggest another reason why the language should not be enforced.  Our June Insurance Update features several cases in which policyholders do just that.

Typically, it’s an attempt to get around an exclusion.  But it may involve language in the coverage grant too.  In this month’s update, policyholders seek to get around an assault and battery exclusion, a pollution exclusion, a silica exclusion,  the “suit” requirement, and the “occurrence” definition.

We hope you enjoy the update.

Rob Tugander and Greg Mann

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