A business owner purchases a commercial general liability policy. The policy documents contain a poorly drafted and highly ambiguous clause regarding coverage for off-site accidents. When an off-site incident occurs, both the business owner and the insurance company present entirely different, yet reasonable, interpretations of the clause. The insurer formally denies the claim based on its own strict interpretation. If this dispute goes to court, how will the legal outcome most likely be determined?
- The ambiguity will be interpreted in favor of the business owner because the insurance policy is a contract of adhesion drafted solely by the insurer.Answer
- BThe ambiguity will be interpreted in favor of the insurance company because they are the original author and hold the right to define the provisions.
- CThe claim will be denied because the business owner's alternative interpretation of the contract is treated as a breach of warranty.
- DThe court will rule for the business owner using the principle of waiver, which legally prohibits the insurer from enforcing unclear provisions.
Answer
The ambiguity will be interpreted in favor of the business owner because the insurance policy is a contract of adhesion drafted solely by the insurer.
The correct answer accurately applies the doctrine governing contracts of adhesion. Because the insurance company has total control over the wording of the policy and the insured cannot negotiate the terms, courts uniformly rule that any unclear or ambiguous language must be interpreted in favor of the insured and against the drafter.
Step-by-Step Solution
Key Concept
Contracts of Adhesion and Ambiguity