Sentences with phrase «construed against the insurer»

In addition, given the accepted interpretative rule that ambiguities are construed against the insurer, the Court concluded that the clause did not incorporate the unexpressed requirement that cheques must be made payable to a listed approved party, or wired to them directly, or the subject of a special undertaking from their lawyer.

The estate of the man who was killed in the fatal motorcycle accident argued through their Rhode Island personal injury attorneys that the «owned but not insured exclusion within the NLC policy was unclear and ambiguous and thus should be construed against the insurer to permit UM coverage.»

It noted that caselaw made it the insurer's the burden to prove the applicability of a coverage exclusion, and that any ambiguities in the language of an exclusion are to be construed against the insurer.

Not exact matches

[3] The Court also noted that where the language of the policy is ambiguous, the court should resolve the ambiguity in accordance with general rules of contract construction, contra proferentem and the principle that coverage clauses should be construed broadly in favour of the insured and exclusion clauses narrowly against the insurer.

Strictly construing the language against the insurer, the court determined that Torres» «indefinite» placement was not necessarily incompatible with the possibility that he was addressing a «short - term workload condition.»