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New York Insurance Contract Interpretation – General Rules to Follow | Legal insurance blog for property insurance



Each state has some general rules to follow when interpreting insurance contracts. While New York is often considered a state whose laws favor insurance companies, there are very good examples of New York complying with most standard interpretation laws for insurance contracts.

These rules include the following:

  • the insured with respect to showing an unintentional loss under an "all risk" policy is relatively easy. 1
  • All-risk coverage covers all losses that are disadvantageous regardless of what caused the loss, including the negligence of the insurance, unless the insurer expressly states otherwise. A loss is temporary unless it is the result of an inherent defect, ordinary wear and tear or careless behavior of the insured. 2
  • The insured] thus only needs to show an uninterrupted loss; it does not have to explain the exact cause of the loss. 3
  • In order to recover according to a risk risk policy, the burden of proof for the insured is to prove an uninterrupted loss of the covered property. However, the insured does not have to prove the cause of the loss. 4
  • Insurance contracts must be interpreted according to ordinary speech and correspond to reasonable expectations of the average insured. 5
  • Before an insurance company is allowed to avoid insurance coverage, it must satisfy the burden it bears to establish that the exceptions or exceptions apply in the individual case and that they are not covered by any other reasonable interpretation. 6
  • Uncertainties in an insurance policy must be interpreted against the insurer. 7
  • Exceptions must be specific and cannot be extended by interpretation or implication. 8
  • If there is a reluctance between general and specific provisions, special provisions control the general ones. In the same way, where an insurance policy contains conflicting clauses, the one that provides greater or more inclusive coverage applies. 9

These general rules should in most cases help. Then you need RTFP ̵

1; Read the full policy. After reading the entire policy, you should examine the exact language.

Thought for the day

I was in New York on September 11th when these planes struck the World Trade Center. At the time, it seemed like a local affair. But three or four days later, as we drove across the country in the bus, we realized it was not a local thing. You really felt that the states were united. We became the United States of America.
—John Madden
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1 Int’l Multifoods Corp. mot Commercial Union Ins. Co. 309 F.3d 76, 83 (2d Cir. 2002).
2 Id.
3 In re Balfour MacLaine Int & # 39; l Ltd. 85 F.3d 68, 77–78 (2d Cir. 1996).
4 Int & # 39; l Multifoods Corp. 309 F.3d 76, 84 (2d Cir. 2002). [19659017] 5 Dean v. Tower Ins. Co. in New York 979 NE2d 1143 (NY 2012) ( Cragg v. Allstate Indem. Corp. 17 NY3d 118, 122, 926 NYS2d 867, 950 NE2d 500 [ 6 Seabord Sur. Co. vs. Gillette Co. 476 NE2d 272, 275 (NY 1984).
7 ( Breed v. Insurance Co. of N. Am. 46 NY 2d 351 , 353, 413 NYS2d 352, 385 NE2d 1280 [1978]). Dean v Tower Ins. Com. 979 NE2d 1143 at 1145 (NY 2012).
8 Westview Assocs. v. Warranty Nat. Ins. Co. 740 NE2d 220, 222 (NY 2000).
9 Bd. from Educ., Yonkers City Sch. Dist. v. CNA Ins. Co. 647 F. Supp. 1495, 1504 (SDNY 1986).


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