Monday, July 25, 2016

An exclusionary clause in an insurance contract.

Practice point:  In order to be given effect, an exclusion from coverage must be specific and clear, and any ambiguity in the exclusionary clause must be construed most strongly against the insurer.

Student note:  As with any contract, an unambiguous policy provision must be accorded its plain and ordinary meaning, and the plain meaning of the policy's language may not be disregarded in order to find an ambiguity where none otherwise exists.

Case:  Cleary v. Automobile Ins. Co. of Hartford, Conn., NY Slip Op 05355 (2d Dep't July 6, 2016)

Here is the decision.

Tomorrow's issue:  Lack of capacity as a defense.