Construing Insurance Policy Language: Doctrine of Reasonable Expectations, Illusory Coverage and More
Leveraging Policy Interpretation Arguments for Insurers and Policyholders
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss key rules of insurance policy construction that arise in coverage disputes, including “contra proferentem,” reasonable expectations, regulatory estoppel, illusory coverage and unconscionability. The panel will present issues and arguments from both the policyholder and insurer perspective.
Outline
- Doctrine of reasonable expectations
- Contra proferentem
- Regulatory estoppel
- Illusory coverage
- Unconscionability
Benefits
The panel will review these and other key issues:
- What is the scope of the doctrine of reasonable expectations, and can it trump clear policy language?
- What policy construction arguments are best raised in obtaining coverage when the policy language seems stacked against the policyholder?
- When will courts allow the use of extrinsic evidence to resolve policy ambiguities?
Faculty

Robert Friedman
Principal
Friedman
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other... | Read More
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other U.S. and foreign jurisdictions. He also advised the State of Florida on insurance policy issues. He writes extensively about insurance coverage for many publications, including National Underwriter, Business Insurance, Risk & Insurance, South Florida Business Journal, and Harvard Law Record.
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Verne A. Pedro
Lead Litigation Counsel
Ellis Ged & Bodden
Mr. Pedro's an insurance coverage attorney who represents and counsels clients in complex insurance coverage... | Read More
Mr. Pedro's an insurance coverage attorney who represents and counsels clients in complex insurance coverage analysis, dispute resolution and litigation, across a broad range of products and issues, including allocation issues and contract wording issues. He handles matters spanning industries such financial lines, D&O claims, products liability, and transportation claims.
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David L. Plaut
Partner
Hanna & Plaut
Mr. Plaut’s practice focuses on insurance coverage matters, insurance bad faith litigation, trial and... | Read More
Mr. Plaut’s practice focuses on insurance coverage matters, insurance bad faith litigation, trial and appellate work. He has extensive experience in federal practice and in the insurance bad faith field. Mr. Plaut is a frequent speaker on insurance related topics.
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