Ambiguities in Insurance Policy Language Are Construed Against the Insurance Company

J.P. Gonzalez-Sirgo
Founder of J.P. Gonzalez-Sirgo, P.A.

Most Americans carry multiple insurance policies that include some or all of the following: homeowners, automobile, disability, business coverage, health coverage and other types of insurance.  Insurance companies rely on a range of maneuvers to delay, deny, and lowball payment of valid insurance claims.  One such tactic is the use of complex insurance policy language as a way of delaying or denying payment of valid claims. 

However, if this complex insurance policy language is unclear, misleading or ambiguous, any ambiguity in the language will be construed against the insurance company by a court of law. This is because the insurer is solely responsible for drafting the terms of the policy.  An insurance policy is really just a specialized type of contract, so basic contract interpretation principles apply.  One of the most fundamental of these contract interpretation rules is that a judge generally should construe ambiguity in a contract against the party that drafted the agreement.

Insurance companies, like banks and other financial institutions, generate much of their profits through investments in venture capital, real estate, stocks and bonds.  There is a direct correlation between the amount of money that insurance companies have to invest and their profitability.  Your insurance company is making money if it can keep dollars invested that should be paid out to you as the company’s insured at an earlier point in time.

While insurance companies often engage in tactics that financially benefit the insurer at the expense of policyholders, the best way to protect your interests is to understand your rights and responsibilities under Florida law and the terms of your policy.  The insurance company has a distinct advantage in the insured-insurer relationship because the insurer writes the policy, interprets the policy, controls the claim and holds the money.  Given the extent of the advantage held by the insurance company, your ability to level the playing field depends on understanding your obligations and rights as well as seeking professional assistance when necessary.   

You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected].

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