ARTICLE
24 January 2020

"PLEASE READ IT CAREFULLY," Sixth Circuit Reminds Policyholders

SP
Squire Patton Boggs LLP
Contributor
Squire Patton Boggs LLP
Ohio law requires courts to interpret ambiguous insurance-policy language against the drafter and in favor of policyholders.
United States Litigation, Mediation & Arbitration
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Ohio law requires courts to interpret ambiguous insurance-policy language against the drafter and in favor of policyholders. But if the language is clear and unambiguous (not to mention in a bold and ALLCAPS and super-big font), then courts apply the plain and ordinary meaning.

On the basis of that second rule of construction, Judge Readler, for a unanimous panel (Batchelder & Donald, JJ.), affirmed dismissal of a putative class action in Richelson v. Liberty Insurance. The Sixth Circuit Appellate Blog has a sister (re)insurance publication (perhaps more of a distant cousin?) which recently covered that decision. You can find that analysis here, with a good but provocative tip thrown in free of charge: It’s always a good idea to read your insurance policy.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
24 January 2020

"PLEASE READ IT CAREFULLY," Sixth Circuit Reminds Policyholders

United States Litigation, Mediation & Arbitration
Contributor
Squire Patton Boggs LLP
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