Aetna Casualty & Surety Co. v. Kenner

The majority holds that the disputed policy language unambiguously allows Aetna to offset monies received from the tort-feasor against the insurer’s policy limits. I dissent because the wording of the policy is ambiguous. An equally plausible reading would offset amounts received from the tortfeasor against the victim’s total damages. Applying standard rules of construction, the policy must be interpreted against the insurer. Moreover, in contrast to the majority view, the latter interpretation is more consistent with the overriding purpose of 18 Del. C. § 3902 and other liability insurance…