This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
You must have a membership to view this page.

Insurance

May 18, 2012

Ambiguity and the interpretation of insurance policies in California

Is the Supreme Court's test for policy interpretation consistent with the ordinary rules of contract interpretation in California? By J. Robert Renner of Duane Morris LLP


By J. Robert Renner


Over the last 25 years, the state Supreme Court has stated various iterations of a two or three part test for interpreting insurance policies, most typically: first, "plain meaning" - if the policy language is clear and explicit, it governs; second, the insured's "reasonable expectations" - if the policy terms are ambiguous, they will be interpreted to protect the objectively reasonable expectations of the insured; and ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up