Reasonable Expectations: Interpreting Insurance Policies in Common Law Jurisdictions

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Attorneys who specialize in insurance coverage litigation have long noted the varied approaches used in different jurisdictions to interpret and apply insurance policies. There are many similarities, yet some striking differences. Core issues on which the jurisdictions differ include:

  •The degree of deference given the "reasonable expectations" of the insured
  •How those expectations are determined
  •The circumstances in which they make affect the meaning of policy language

The result of your case may depend on which law governs.

Reasonable Expectations: Interpreting Insurance Policies in Common Law Jurisdictions is a reference guide for lawyers needing a quick orientation to the law of insurance in specific jurisdictions, particularly when faced with difficult conflict-of-law questions. The survey chapters are arranged in a 50-state survey format, expanded to include common law interpretation in Canada, England, and Wales, as well as the anticipated American Law Institute Restatements of the Law of Liability Insurance.

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