HNRK Coverage Corner
Posts from May 2022.
Posted in Insurance Coverage, Rules of Interpretation
On May 11, 2022, Justice Lebovits of the New York County Supreme Court issued a decision in Century Indemnity Company v. Brooklyn Union Gas Company, 2022 N.Y. Slip Op. 50388(U), holding that the doctrine of contra proferentem (construing ambiguous contract language against the drafter) “does not govern interpretation of insurance policies when the policyholder is sophisticated.”
A leading insurance treatise explains contra proferentem and its application to insurance disputes as follows:
The most frequently employed principle of interpretation . . . is contra ...
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