My insurance company tells me my claim is not covered due to a particular provision in my policy. While it seems to me that the provision in fact covers the loss, isn't the insurance company going to win? Is it any use to fight it?
No and yes: no, the insurer isn't going to automatically win and yes, there frequently is reason to fight it!
If a policy provision is subject to more than one interpretation, and your interpretation is a reasonable one, the insurer is usually bound by that interpretation. Also, any ambiguities in a policy are construed in your favor. Don't think that insurance policies can't possibly contain ambiguities simply because they are written by big companies. They do. Further, the insurer cannot in good faith adopt a restrictive view of the policy coverage in an effort to deny a claim if your reasonable expectations are supported by the policy language and facts concerning the claim. |