Commentary and analysis on the
law of insurance coverage
Judges decide cases involving a stupefying variety of human activity. They often do this by weighing the opinions of experts from fields far outside the Judge’s personal experience. It’s an imperfect enterprise, similar to the assessment of democracy attributed to Winston Churchill as the worst form of government, “except for all the others.” Read More
There’s no disputing which party has all the muscle in the insurer-insured relationship. That’s why special rules apply to policy interpretation: to level the field of play. When courts fail even to mention those rules, much less to apply them, it leads to uncertainty, instability, and unfairness. Even when a court reaches the right conclusion, it’s important that it do so for the right reasons. Read More
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