Newsletters

Policy Construction Against Insurer

Insurance policies are contracts drafted by insurers, but the terms are not always clear and unambiguous. When a dispute arises between an insured and an insurer as to the meaning of a policy, courts sometimes become involved to provide a construction of the ambiguous term, as they do with other types of contracts. Disputes usually involve which risks are included in coverage, exclusions from coverage, conditions that must be fulfilled before coverage applies, and forfeitures of the policy.

Conditions Precedent to Uninsured Motorist Coverage

Uninsured motorist (UM) benefits are available to an insured so that he may recover from his insurer in the event he is involved in a motor vehicle accident with an uninsured driver. In order for the insured to obtain recovery under UM coverage, several conditions must first be met.

Hit and Run Accidents

A motorist involved in a vehicular accident is required to stop and assist injured persons. He should also provide his insurance information to the other driver. In hit and run accidents, the hit and run driver usually fails to stop because he is an uninsured motorist (UM) or his insurance is nullified by his tortious or criminal actions.

The War Exclusion to the CGL Policy

Standard comprehensive general liability policies insure businesses against liability for personal injury or property damage of third parties. The policies contain a number of exclusions from coverage. Insurance needs and risk planning regarding the eventualities described in the exclusions should take into account that standard CGL policies, though comprehensive, do not cover excluded events.

Types of Adjusters

When an insured files a claim with his insurer to recover for a loss, the insurer may pay the amount requested without question, or it may begin the "adjustment" process. This is the process by which the claim is resolved. Various types of "adjusters" may assist in the adjustment process.