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Unraveling Plain Meaning, Extrinsic Evidence And the Doctrine of Contra Proferentem

As anyone involved with insurance coverage litigation knows, "<I>contra proferentem</I>" is a rule of contract interpretation that requires an ambiguous contract term to be construed against the drafter of the contract. That the doctrine is also called the "contra insurer" rule speaks to the fact that, when interpreting insurance policies, courts sometimes forget that general rules of contract construction still apply.

46 minute read September 02, 2014 at 12:00 AM
By
Regen O'Malley and Greil I. Roberts
Unraveling Plain Meaning, Extrinsic Evidence And the Doctrine of Contra Proferentem

As anyone involved with insurance coverage litigation knows, ” contra proferentem” is Latin for “ the insurer loses.” Contra proferentem

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