Readable Insurance Policies: Judicial Regulation and Interpretation

Abstract

There cannot be any objection, in principle, to readable language. We do not, in fact, express an opinion about it. But one thing is clear. It should play no role in the process of standard form interpretation. As more and more insurance policies are drafted in readable language, the relevance of this assertion grows.

Policy adjudications should still be made, in many cases, against insurance underwriters. But those decisions should be based on substantive reasons. Where such reasons exist, insurance policy adjudications should be made in the teeth of crisp and unambiguous language.

Keywords: language, interpretation, insurance, policy, Uriel, Procaccia