In cases of ambiguity in an insurance contract, how does the court usually rule?

Study for the New Jersey Title Insurance Producer Exam. Study with flashcards and multiple-choice questions, each question has hints and explanations. Get ready for your exam!

In legal contexts, when there is ambiguity in an insurance contract, the court generally tends to favor the insured. This principle is rooted in the notion that insurance contracts are often drafted by the insurer, who has more power and expertise in tailoring the language and terms of the policy. Consequently, if a term or clause in the contract is found to be unclear, courts interpret it in a way that benefits the insured, as a protective measure. This interpretation is based on the idea that the insured should not bear the consequences of vague or unclear language that they did not have a hand in creating. This approach promotes fairness and helps to safeguard the rights of individuals who may not have the same level of negotiating power as insurers.

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