Resolving Insurance Coverage Ambiguities: Discovery and Use of Extrinsic Evidence to Clarify Coverage
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review the inconsistencies regarding when extrinsic evidence may be used to establish that a particular policy provision is ambiguous and discuss interpreting any ambiguity as well exceptions to the "four/eight corners" rule. The panel will focus on key jurisdictions and discuss what types of extrinsic evidence are most often turned to, what provisions cause the most difficult ambiguities and intentional ambiguity.
- Short overview of general rules of interpretation
- The intent of the parties
- Reasonable expectations
- Extrinsic evidence of intent
- Industry materials, bulletins
- Underwriting, claims materials, advertising brochures
- Prior claims handling practices or inconsistent interpretations of the same provision
- Related documents: application, binder, declarations
- Eligibility vs. coverage and use of underwriting standards to assess coverage
- Key jurisdictions
The panel will review these and other issues:
- When will courts allow the use of extrinsic evidence to resolve policy ambiguities?
- What coverage disputes are best suited for motions for summary judgment and cross-motions?
- What special rules apply to interpreting exclusions and resolving ambiguities?
- What types of extrinsic evidence are most litigated?
Edward J. Guardaro, Jr.
Mr. Guardaro is the leader of the Firm’s Appellate and Complex Litigation Department and has broad experience in... | Read More
Mr. Guardaro is the leader of the Firm’s Appellate and Complex Litigation Department and has broad experience in appellate practice, insurance coverage, tort defense work (including Labor law, medical and legal professional liability, product liability), land use, condemnation, commercial tenancy disputes, municipal law, municipal code drafting, municipal zoning and planning practices and insurance policy drafting. He has a proven track record in successfully managing complex projects and outcomes through advanced creative legal solutions in commercial and personal line defenses. Mr. Guardaro is active in trial monitoring programs throughout the nation where he works with local counsel to defend and resolve complex cases.Close
Verne A. Pedro, Esq.
Mr. Pedro is an experienced managing attorney specializing in a range of complex insurance coverage matters, including... | Read More
Mr. Pedro is an experienced managing attorney specializing in a range of complex insurance coverage matters, including commercial general liability, directors and officers, errors and omissions, cyber and data loss, professional liability, employment practices, and property. He draws on 18 years of experience handling significant first- and third-party insurance coverage issues and helping clients make informed decisions about their insurance assets, policies, and risk transfer strategies.Close