extrinsic evidence News

Because ‘Location’ Is Ambiguous in Marine Cargo Policy, Travelers Must Pay Fire Loss

A New York-based apparel company is entitled to its claim for the full $600,000 limit on its marine cargo insurance policy because the policy was ambiguous as to whether a warehouse fire that destroyed its goods was at an approved …

Texas Supreme Court Validates Exception to 8-Corners Rule

For more than 50 years, insurers have known that their duty to defend a Texas policyholder from a lawsuit must be decided based only on the language of the insurance contract and the allegations made by the plaintiff. The so-called …

5th Circuit: Carrier Must Defend Against Claim Despite Policy Exclusion

Texas law requires an insurer to defend the grandparents of a 10-year-old boy who was killed while driving their all-terrain vehicle against a negligence lawsuit, even though the carrier says neither the boy nor the crash was covered by its …

Florida Court Reaffirms Extrinsic Evidence is Not Permitted to Resolve Ambiguity in an Insurance Contract

In Washington National Ins. Corp. v. Ruderman, 117 So.3d 943 (Fla. 2013) the Eleventh Circuit United States Court of Appeals certified a question to the Florida Supreme Court asking the following question: “If an ambiguity exists in [an] insurance policy …

Florida Clarifies That Extrinsic Evidence May Not Be Used to Resolve Policy Ambiguities

The Florida Supreme Court recently issued an important decision on the use of extrinsic evidence to resolve ambiguities in policy language. In Wash. Nat’l Ins. Co. v. Ruderman, No. SC12-323 (Fla. Jul. 3, 2013), the Florida Supreme Court answered a …