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- Title
Contra Applicantem or Contra Proferentem Applicatio: The Need for Clarification of the Doctrine of Contra Proferentem in the Context of Insured-Created Ambiguities in Insurance Applications.
- Authors
Liggett, Bradley D.
- Abstract
The article explores the doctrine of contra proferentem in the context of resolving insured-created ambiguities in insurance applications. A general background of the history and policies surrounding the adoption of the doctrine of contra proferentem is presented. The article also proposes and defines the rules of contra applicantem and contra proferentem applicatio as clearer substitutes for the doctrine of contra proferentem when insureds create ambiguities, and ultimately concludes that contra proferentem applicatio is the better interpretation.
- Subjects
INSURANCE policies; INSURANCE; INSURANCE applications; INTERPRETATION &; construction of contracts; AMBIGUITY; POLICYHOLDERS
- Publication
Brigham Young University Law Review, 2008, Vol 2008, Issue 1, p211
- ISSN
0360-151X
- Publication type
Article