Contra proferentem protects insureds by construing ambiguous insurance policy terms against the drafter, only for real ambiguities. The rule of contra proferentem mandates that genuinely ambiguous insurance policy terms be construed against the drafter, particularly in standard-form or adhesion contracts; it operates only where real ambiguity exists and cannot be used to create doubt. Courts will consider the policy as a whole and, where appropriate, surrounding circumstances or extrinsic evidence to determine whether a single fair and reasonable meaning emerges; absent such ambiguity, the rule does not apply, and insurers must use clear, unequivocal language to exclude liability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Contra proferentem protects insureds by construing ambiguous insurance policy terms against the drafter, only for real ambiguities.
The rule of contra proferentem mandates that genuinely ambiguous insurance policy terms be construed against the drafter, particularly in standard-form or adhesion contracts; it operates only where real ambiguity exists and cannot be used to create doubt. Courts will consider the policy as a whole and, where appropriate, surrounding circumstances or extrinsic evidence to determine whether a single fair and reasonable meaning emerges; absent such ambiguity, the rule does not apply, and insurers must use clear, unequivocal language to exclude liability.
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