A homeowner discovers severe water damage caused by a leaking roof. Upon reviewing the insurance policy, the homeowner and the claims adjuster realize that a specific clause regarding water damage is poorly worded and can easily be interpreted in two completely different ways. Under the legal interpretation of insurance contracts, how must this ambiguity be resolved?
- The ambiguity will be resolved in favor of the homeowner because the policy is a contract of adhesion.Answer
- BThe ambiguity will be resolved in favor of the insurer because the company originally drafted the policy.
- CThe policy will be declared void immediately because mutual understanding of terms is required for valid consideration.
- DThe dispute will be settled in favor of the homeowner based on the doctrine of waiver.
Answer
The ambiguity will be resolved in favor of the homeowner because the policy is a contract of adhesion.
Since insurance policies are contracts of adhesion—drafted entirely by the insurance company without negotiation—any ambiguity in the contract is strictly interpreted in favor of the insured party (the homeowner).
Step-by-Step Solution
Key Concept
Contracts of Adhesion and Ambiguity