Contract Interpretation

  • Absurdity
  • 1970 - LR - The Life Insurance Law in North Dakota, by John A. Zuger - 49p

  • 2006 - LR - Contra Proferentem: The Allure of Ambiguous Boilerplate, by Michelle E. Boardman - 25p

  • 2013 - LR - Four Conceptions of Insurance, by Kenneth S. Abraham - 46p
  • 1970 - LR - The Life Insurance Law in North Dakota, by John A. Zuger - 49p
    • An insurance contract is to be construed according to the sense or meaning of the words that are used in the contract.
    • The language of a contract shall be used to govern its interpretation if the language is clear, explicit and does not involve an absurdity.151
    • Words are to be understood in their ordinary and popular sense rather than according to their strict legal meaning unless used by the parties in the technical sense or unless special meaning is given them by usage, in which the latter must be followed.152 
    • If the language used reasonably raises a doubt as to its meaning, the doubt will be resolved against the insurer who wrote the contract but the language should not be strained to impose liability upon an insurer.
    • If the language is ambiguous and will aas reasonably support an interpretation to impose liability as one which will not, the former interpretation will be adopted. 153