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Do Actions Speak Louder than Words?

By Caroline Marks and Keven Drummond Eiber
October 29, 2013

I have noticed that nothing I never said ever did me any harm.” Calvin Coolidge

'Insurance coverage litigation frequently requires coverage lawyers to take on the role of archeologist and historian. Particularly in cases involving long-tail claims, multiple triggered policy periods and the resurrection and scrutiny of decades-old policies, we look for evidence tending to show that the opposing party has interpreted certain policy provisions differently from the interpretation it now advances for the very same provisions. Extrinsic evidence of past policy interpretation may take many forms, and one form is evidence of the parties' own course of performance with regard to the insurance policies at issue.

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