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Ambiguous Wording in Travel Accident Policy Costs Insurer Additional $4 Million
DeBofsky, Sherman & Casciari, P.C. Link to more items from this source
Aug. 14, 2019

"The insurer could have easily cleared up the ambiguity with more careful drafting that would have unambiguously capped the payout at $1 million. Because the policy left it unclear as to whether the 'subject to' language referred to salary or principal sum, and because a grammatical construction rule known as the last-antecedent canon favored the plaintiff's interpretation, Tyll successfully demonstrated and argued the reasonableness of a reading that permitted the recovery of an additional $4 million." [Tyll v. Stanley Black & Decker Life Ins. Program, No. 17-1574 (D. Conn. Jul. 12, 2019)]

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