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Ambiguous Wording in Travel Accident Policy Costs Insurer Additional $4 Million
DeBofsky, Sherman & Casciari, P.C. 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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