Reasonable Expectations do not Defeat Clear and Unambiguous Policy Langugae

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Chemical or Biological Materials Exclusion Unambiguous and Defeats Claim of Reasonable Expectations

Read the full article at https://lnkd.in/gQHDiST and at https://zalma.com/blog plus more than 3600 posts.

Courts deal with claims from insureds that claim their reasonable expectations of coverage should supersede the policy wording when the clear and unambiguous language of the policy establish that the expectations of the insured are not reasonable nor correct. Over the 53 years I have worked in the insurance business I have asked hundreds, if not thousands, of individuals if they read and understood their policy. Only two answered in the affirmative — both lied.

In Lang Fur Farms, Inc., et al. v. Bird Island – Hawk Creek Mutual Ins. Co., A20-0683, Minnesota Court Of Appeals (February 8, 2021) insureds challenged the partial summary judgment granted to the insurer.

ZALMA OPINION

Not all states allow the concurrent cause analysis in first party claims like Minnesota, California, for example, that first stated the doctrine, has limited it to only apply to third party claims. People who acquire insurance should read it, or hire a professional risk manager to read it for them, to ascertain coverage.
 
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