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