Karas v. Liberty Insurance Corporation
Year 2018
Court Supreme Court of the State of Connecticut
Case Number S.C. 20149
Issue
  • Contract Interpretation
State
  • Connecticut

“Substantial impairment of structural integrity” is the applicable standard for “collapse” and need not be clarified. This definition includes an impairment which, if not remedied, will lead inevitably to a caving in, a falling down, and/or a structure’s being unsafe to occupy. The terms “Foundation” and “Retaining Wall” are ambiguous and reasonably include basement walls. No extrinsic evidence as to the eaning of ambiguous terms is permitted, and those terms must be construed in favor of coverage.

Related Docs
Author Ryan M. Suerth, Esq., Marilyn B. Fagelson, Esq., Proloy K. Das, Esq., and Sarah Gruber, Esq.
Related Cases
Peoples Insurance Counsel Division v. State Farm
Year: 2014
Court: Maryland Court of Appeals
Case Number: 21 - September Term 2014
Issue:
  • Contract Interpretation
State:
  • Maryland

Maryland law does not apply the rule of contra proferentem, accepted by a majority of states – that ambiguous terms in insurance contracts are to be construed strictly against the insurer-drafter; instead, Maryland law treats an insurance contract like any other contract, drafted by parties…
Pistorese v. Transamerica Life Insurance Company
Year: 2014
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 14-35027
Issue:
  • Contract Interpretation
  • Long Term Care Insurance
State:
  • Washington

Under Washington law, insurance contracts are to be interpreted based on the principle of contra preferentem – ambigious terms must be strictly construed against the drafter-insurer and in favor of the insured as to effectuate coverage. UP argued in its brief, that in the long-term-care…
Thomson, Inc. et al. v. XL Insurance, Inc. et al.
Year: 2014
Court: Indiana Supreme Court
Case Number: 49A05-1109-PL-470
Issue:
  • Allocation
  • Contract Interpretation
State:
  • Indiana

On appeal from a decision in error by the Indiana Court of Appeal, UP argued in its brief that the presumptive rule in determining the scope of coverage under a Commercial General Liability Policy (“CGL”) should be “all-sums” or joint and several liability. For “long-tail”…
Demetrio v. Stewart Title Insurance
Year: 2015
Court: New York Court of Appeals
Case Number: 2010/101760
Issue:
  • Contract Interpretation
State:
  • New York

A court faced with textual ambiguity may review extrinsic evidence to assist the trier of fact in ascertaining what the parties intended in entering into the contract. UP argued in its brief that an insurance company ought not to be able argue to the court,…