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New Approach to Policy Interpretation

By Sheila R. Caudle and Tyler Henkel
March 27, 2008

Once upon a time, the relationship between insurer and insured was one of contract and was governed by the terms and conditions of the policy. Even after common law modifications of this common law relationship and legislative regulation of the parties' consensual relationship, it still is fundamentally based on agreement of the parties.

Justice J. Dale Wainwright, concurring, in the 2005 decision of the Texas Supreme Court in Excess Underwriters at Lloyds v. Frank's Casing Crew & Rental Tools, Inc., 2005 WL 1252321 (decided May 27, 2005) (citations omitted).

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