« An Interesting Insurance Contract Story on Funding the X-Prize | Main | In Remembrance »

September 06, 2007

The Language of the Law (Plaintiff's version))

I haven't read the briefs, but this AP report states that the Tuepkers are asserting in their appeal brief of their slab case that State Farm's contract language was "craftily ambiguous" and is "woven so as to not give away their true intent."  I love this.

Our fellow insurance blogger David Rosmmiller is also quoted in the ultimate paragraph saying the writing is on the wall.  I, however, am still glad that State Farm sends me my contract on paper.  I know I may have the option of obtaining it electronically, but I didn't know I could get it on the wall too!  David's real point is that we are now seeing a number of cases interpreting the contract as non-ambiguous.

By now everyone except Adam Scales, David Rossmiller and myself is likely tired of the ambiguity debate, but it has had real effects.  I heard from numerous sources that gulf coast redevelopment is stagnant.  People have money to rebuild, but they have difficulties in obtaining insurance and so there is little rebuilding.  The reason insurers won't provide is because of uncertainty about future liabilities.  If one can't write a certain contract, one won't write many contracts.  Hopefully, some of the certainty will be resolved.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341e22a053ef00e54ed86b1e8833

Listed below are links to weblogs that reference The Language of the Law (Plaintiff's version)):

» Fifth Circuit hears oral arguments in Tuepker v. State Farm Katrina case from Insurance Coverage Blog
Insurers have been successful in their Katrina appeals to the Fifth Circuit, and given the appellate court's analysis in two big cases -- Leonard v. Nationwide and In Re Katrina Canal Breaches Litigation -- I would flat out drop my... [Read More]

Comments

The comments to this entry are closed.

My Photo

L

Blog powered by TypePad
Member since 06/2004