Contract Perfection and the Despair of Getting the Consumer to Read the Insurance Contract

By |2012-09-10T14:11:39-05:00September 11, 2012|General Risk Management, PL Insurance|0 Comments

From the May 2012 issue of the PLUS Journal – Author Harold Weston looks at the difficulties in getting consumers to read the fine print of insurance contracts. From the article: Unexpected Reasonable Expectations Recognizing reality that consumers do not read their contracts, courts have long had to interpret a contract that was not read by one party. Starting with the rule that insurance contracts are to be read like any other contract and their terms enforced if clear, [xiv] courts have flexibility to construe ambiguous terms against the maker of the instrument, meaning here the insurer, under the rule of contra proferentem. Another rule [...]