Extrinsic Evidence: Examining California's Rules

Most insurance coverage litigation starts with a fundamental dispute over what an insurance policy means. Unfortunately, while California appellate courts have addressed the subject for decades, and while the California Supreme Court attempted to restate the basic principles, there still is considerable debate among litigants and courts as to how insurance policies are to be interpreted. Insurance carriers often contend that California is not as 'pro-insured' as it once was regarded. They often argue that insurance policies should be interpreted simply based on policy language, without reference to any external information, and that if the insured is 'sophisticated,' any ambiguity should be resolved against coverage. However, neither of these arguments is in accord with California law.

30 minute read November 30, 2006 at 11:14 AM

By

Kirk A. Pasich