The Policy Means What it Says -Computer Not Deceived

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Mississippi Silicon Holdings, LLC appealed the district court’s grant of summary judgment in favor of Axis Insurance Company. The Fifth Circuit, in Mississippi Silicon Holdings, L.L.C. v. Axis Insurance Company, No. 20-60215, United States Court of Appeals for the Fifth Circuit (February 4, 2021) applied the clear and unambiguous language of the full policy.

ZALMA OPINION

The Fifth Circuit prudently read the entire policy, not a single provision or a single argument from the parties, and applied its clear and unambiguous language. It is not only refreshing, it is necessary, that appellate courts read the entire wording of the policy it is called upon to interpret and apply that language to the factual basis of the claim. The computer was not deceived, the officers and employees of the insured were deceived, a fraud not insured against by the insurer.