Judge Rules Claims Made Policy Language Ambiguous

March 23, 2007

  • March 23, 2007 at 8:09 am
    bloviator hater says:
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    and isn\’t dense, ambiguous language that only another lawyer can effectively parse the defining hallmark of all policies, which are both written by and intended to defend against lawyers in the first place? Shakespeare was right, but now there are just too damn many of \’em.

  • March 23, 2007 at 3:30 am
    HA! says:
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    Lawyers Mutual – Originated by lawyers, run by lawyers? And they can\’t even get their own policies right? Besides, isn\’t prior claim language in all policies?

  • March 24, 2007 at 7:13 am
    bill schneider says:
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    Maybe, just maybe, the solution is to NOT WRITE ANY E&O\’s for ANY profession which has undertaken ANY kind of activity PRIOR TO APPLYING AND PURCHASING such Claims-made policies. Once ANY professional \”puts his hand\” onto ANYTHING, there is a possibility of things going awry. We as Insurance Agents face that likelihood with every customer we write. Insurance however deals with probabilities, not possibilities. Who would admit to wrongdoing of ANYTHING? The Insurance Companies draft the language and take a premium for the wording within the four corners of the paper that is sold. The companies have researche and have emperical knowledge of Subjective and Objective arguments affecting the risks they undertake. Our free enterprise system allows for final arbiters — Conservative, Liberals, Middle-of-Roaders, etc., to pass judgment. On April 15th, we all know just what we pay to support.

  • March 26, 2007 at 2:31 am
    Jose Acosta says:
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    Why does anyone purchase E&O or D&O? Because of the possibility that a mqajor claim MAY be filed… Thus that anyone buys it is to forestall possible legal and claim costs that MAY result from their practice, be they attorney, agent or director…

    I think that the insurer that offers EITHER policy has the burden of due diligence… As it is entirely reasonable and the market is for ANYONE who MAY have some exposure to purchase coverage, IMHO.



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