Silver Sage Partners, Ltd. vs. City of Desert Hot Springs et al.
Year 2002
Court U.S. Court of Appeals, 9th Circuit
Case Number 02-57082, 03-55394
Issue
  • Exclusions
  • Poor draftsmanship
State
  • California

Where an insurer chooses to draft an exclusion that does not clearly and unambiguously apply to a specific claim, it cannot argue, after the fact, for a contrary interpretation. Poor draftsmanship cannot support an insurer’s argument for a narrow underwriting construction of coverage.

Related Docs
Author UP's brief was written pro bono by Amy Bach. Esq. Of Counsel: Eugene R. Anderson, Esq. and John G. Nevius of Anderson Kill & Olick, PC
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Silver Sage Partners, Ltd. vs. City of Desert Hot Springs et al.
Year: 2002
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 02-57082, 03-55394
Issue:
  • Exclusions
  • Poor draftsmanship
State:
  • California

Where an insurer chooses to draft an exclusion that does not clearly and unambiguously apply to a specific claim, it cannot argue, after the fact, for a contrary interpretation. Poor draftsmanship cannot support an insurer’s argument for a narrow underwriting construction of coverage.