Bosecker v. Westfield Insurance
Indiana Court of Appeals
1DissentBailey, Judge
I respectfully dissent. Where there is an ambiguity in an insurance contract, the policy is to be construed strictly against the insurance company. Stevenson v. Hamilton Mutual Insurance Company, 672 N.E.2d 467, 471 (Ind.Ct.App.1996), trans. denied. Strict construction against the insurer is driven by the fact that the insurer drafts the policy and foists its terms upon the customer. Id. The insurance companies write the policies; we buy them forms or we do not buy insurance. Id. An insurance contract is ambiguous when it is susceptible to more than one interpretation and reasonably…
2Cases cited6 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Stevenson v. Hamilton Mutual Insurance Co.Indiana Court of Appeals · 1996
- Allstate Insurance Co. v. NeumannIndiana Court of Appeals · 1982
- Motorists Mutual Insurance Co. v. MorrisIndiana Court of Appeals · 1995
- Newman v. Natl. Fire Ins. Co.Mississippi Supreme Court · 1928
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