A manufacturing company files a claim for equipment damage after a severe storm. The insurer denies the claim, citing a specific policy exclusion for "wind-driven moisture." However, the policy's definitions section contains contradictory language that makes it unclear whether the exclusion applies to this specific type of storm damage. Because the insurer drafted the entire policy on a take-it-or-leave-it basis without any negotiation of the terms, how will a court most likely resolve the ambiguous wording?
- By treating the policy as a contract of adhesion and interpreting the ambiguity strictly in favor of the policyholder.Answer
- BBy treating the policy as a contract of adhesion and interpreting the ambiguity in favor of the insurer to protect their original intent.
- CBy applying the doctrine of estoppel, concluding the insurer has voluntarily relinquished their right to enforce the exclusion.
- DBy evaluating the implied authority of the insurance agent to determine if they promised coverage for wind-driven moisture.
Answer
The court will treat the policy as a contract of adhesion and interpret the ambiguous language strictly in favor of the policyholder.
Insurance policies are contracts of adhesion, meaning they are drafted by one party (the insurer) and accepted by the other (the insured) without negotiation. When language in an adhesion contract is contradictory or ambiguous, courts employ the doctrine of contra proferentem. This means they interpret the ambiguity strictly against the party that drafted it (the insurer) and in favor of the party that had no say in the wording (the policyholder).
Step-by-Step Solution
Key Concept
Contracts of Adhesion and Ambiguity
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