As a matter of course, insurance policies are construed in
favor of the insured if there is any ambiguity, but if the language is quite clear, it falls to the insured to have read and understood the policy.
A Texas appellate has considered an insurance company's challenge to a jury verdict for over $ 32 million in
favor of an insured homeowner that revolved around mold contamination in her home.
As a matter of course, insurance policies are construed in
favor of the insured if there is any ambiguity, but if the language is quite clear, it falls to the insured to have read and understood the policy.
Denial is absolutely the standard way such claims would be handled, and any deviation from that involves an adjuster or a court creatively construing a policy in
favor of the insured.
In fact, Indiana court often resolve discrepancies in insurance contracts in
favor of the insured, but this is not always the case, and each case should be analyzed by an experienced personal injury attorney.
Ambiguities in contracts giving rise to two reasonable interpretations, one providing and the other denying coverage, are read contra proferentem and in
favor of the insured.
Denial is absolutely the standard way such claims would be handled, and any deviation from that involves an adjuster or a court creatively construing a policy in
favor of the insured.
Iowa law also requires that ambiguous policy provisions be construed in
favor of the insured.
Since the court found the insurance policy ambiguous, it construed it in
favor of the insured - the Owner - and therefore, the court held that the pollution exclusion contained in the ICI policy did not preclude coverage for the child's injuries.