California, United States of America
The following excerpt is from Hefner v. Farmers Ins. Exchange, 211 Cal.App.3d 1527, 260 Cal.Rptr. 221 (Cal. App. 1989):
"Any reasonable doubt as to uncertain language will be resolved against the insurer whether that doubt relates to the peril insured against or other relevant matters. [Citation.] The policy should be read as a layman would read it and not as it might be analyzed by an attorney or an insurance expert. [Citation.] An exclusionary clause must be conspicuous, plain and clear [citation] and must be construed strictly against the insurer and liberally in favor of the insured [citations]." (Crane v. State Farm Fire & Cas. Co. (1971) 5 Cal.3d 112, 115-116, 95 Cal.Rptr. 513, 485 P.2d 1129.)
A further cardinal rule is: "The provisions of the policy as a whole as well as the exceptions to the liability of the insurer must be construed so as to give the insured the protection which he reasonably had a right to expect." (Abellon v. Hartford Ins. Co. (1985) 167 Cal.App.3d 21, 31, 212 Cal.Rptr. 852.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.