Recent Appellate Division Decision Stresses Primacy of The Declarations Page in Insurance Policies
The content of the declarations page has significant importance in defining an insured's reasonable expectations of coverage because a conscientious policy holder will more likely examine the declarations page to assure coverage.
May 03, 2024 at 01:57 PM
5 minute read
On April 5, the Appellate Division handed down a precedential insurance coverage decision in Motil v. Wausau Underwriters Insurance Company, which provides a reminder of principles set forth in the case of Lehrhoff v. Aetna Casualty & Surety Company, 271 N.J. Super. 340 (App. Div. 1994). The holding in Lehrhoff was that language in the declarations page of an insurance policy that raises an objectively reasonable expectation of coverage trumps clear language in the policy itself that denies such coverage. Although the declarations page is not a part of the insurance contract, it is about the insurance contract and the coverage afforded by the policy.
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